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ADHOC COMMITTEE ON
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| Documents and contributions |
| NGO Participation |
| Ad Hoc Committee :
Contributions :
NGOs Draft Convention On The Fundamental Rights Of Persons With Disabilitiesby Sir John Wall |
Draft
The states parties to the Convention
Considering that in accordance with the principles proclaimed in the charter of the United Nations, recognition of the inherent dignity and of the equal and inalienable rights of all members of the human family is the foundation of freedom, justice and peace in the world,
Bearing in mind that the peoples of the United Nations have in the Charter reaffirmed their faith in fundamental human rights and in the dignity and worth of the human person, and have determined to promote social progress and better standards of life in larger freedom,
Recognizing that the United Nations has, in the universal declaration of human rights and in the international covenants on human rights, proclaimed and agreed that everyone is entitled to all the rights and freedoms set forth therein, without distinction of any kind, such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status, including disability,
Recalling general assembly resolutions 37/52 of 3 December 1982, by which the assembly adopted the world programme of action concerning disabled persons, and 48/96 of 20 December 1993, by which it adopted the Standard Rules on the Equalization of Opportunities for Persons with Disabilities,
Recalling also commission on human rights resolutions 1998/31 of 17 April 1998 and 2000/51 on the human rights of persons with disabilities,
Reaffirming the outcome of the major United Nations conferences and summits and their respective follow-up reviews, in particular as they pertain to the promotion of the rights and well-being of persons with disabilities as well as their full participation and equality,
Noting with great concern that persons with disabilities are still often among the poorest of the poor and continue to be excluded from the benefits of development, such as education and access to gainful employment and still lack access to the built environment as well as to information and communication,
Noting with equally great concern that many intellectually disabled persons and persons with psychiatric disabilities are still kept in institutions subjected to indignities and inhuman treatment,
Noting with satisfaction that the standard rules on the equalization of opportunities for persons with disabilities play an important role in influencing the promotion, formulation and evaluation of policies, plans, programmes and actions at the local, national, regional and international levels,
Have agreed as follows Chapter 1
Article 1 Human Rights Are For All
Human rights are universal and according to their nature thus include all human beings, among them persons with disabilities.
All people, disabled and non-disabled, are born equal and have the same inalienable rights to life and welfare, education and work, and the right to self-determination, independent living, self-representation, inclusion and access to active participation as equal citizens in all aspects of society.
Article 2 Fundamental Rights And Principles
The world programme of action concerning disabled persons, General Assembly Resolutions 37/52 of 3rd december 1982, and the United Nations Standard Rules on the Equalization of Opportunities for Persons with Disabilities, General Assembly Resolution 48/96 of 20th december 1993, are the fundamental principles on which this Convention is founded. The Convention shall be read and understood, interpreted and delimited in accordance with these international instruments wherein the fundamental rights of persons with disabilities are enshrined, among them the following fundamental disability rights:
The right to full participation and equality, medical care, rehabilitation, vocational training, support services, adequate shelter, accessibility (access both to the built environment and to information and communication), education, employment, income maintenance and social security, family life and personal integrity and to full integration and participation in all aspects of culture, leisure, recreation, sports and the religious life.
These fundamental rights are an integral part of the human rights of persons with disabilities.
Article 3 The Concept Of Disability
Disability: a physical, psychiatric, intellectual, or sensory impairment (whether permanent or temporary, provided that it lasts for a significant period of time), that limits the capacity to perform one or more essential activities of daily life, and which can be caused or aggravated by the economic and social environment.
This definition is only applicable on a person if the person views him- or herself as a person with a disability.
A limitation of activities of daily life is essential if a person is unable to do what other comparable persons can do, that is, other persons of the same age and gender belonging to the same cultural group.
If a disability is invisible or visible shall make no difference in relation to this Convention.
Article 4 Compensation And Equal Opportunities
It is the ultimate goal of this Convention to secure inclusion and equal opportunities for persons with disabilities in all areas of society.
Persons with disabilities have a right to be compensated for their functional limitations. Without such compensation equal opportunities cannot be obtained in accordance with this Convention.
Article 5 The Principle Of Sector Responsibility
The disability issue is not only a question of social welfare but a general human rights issue that shall be respected and applied at the international as well as at the national level and by all sectors of society public and private.
Article 6 Principle Of Progressive Measures
Fulfilment of the obligations under this Convention calls for constant and steady progress.
Rights which the states parties cannot realize without significant allocation of resources shall be executed in accordance with the principle of progressive measures which means that retrogressive measures are forbidden, standstill are only legal temporarily and for special reasons.
Retrogressive measures are to be considered a prima facie evidence of violation of this Convention unless a state party can prove that such measures has had to be taken to avoid violation or protection of other human rights and when the situation of the most vulnerable groups at the same time are duly taken care of.
Article 7 The Right To An Equal Share In Growth
The States parties shall provide persons with disabilities with an equal share of growth in the GNP as well as the general economic and social development in society to equalize their economic opportunities despite age and sex. As a part of this process it is incumbent upon the States parties also to make good for the lagging behind which disabled persons are suffering from. Compensating poor persons with disabilities for low income and other loss of comparability with the average citizen should be overcome step by step within reasonable time.
Article 8 Disabled Peoples Right To Enjoyment Of And Protection By Human Rights
The States parties shall secure that persons with disabilities are able to enjoy and be fully protected by all human rights, human rights instruments, standards, declarations and especially the universal declaration of human rights (1948) and the six core human rights Conventions, The International Convention On The Elimination Of All Forms Of Racial Discrimination (CERD) - 1965, The International Covenant On Economic, Social And Cultural Rights (ICESCR) - 1966, The International Covenant On Civil And Political Rights (ICCPR) - 1966, The Convention On The Elimination Of All Forms Of Discrimination Against Women (CEDAW) - 1979, The Convention Against Torture And Other Cruel, Inhuman And Degrading Treatment Or Punishment - 1984, And The Convention On The Rights Of The Child (CRC) - 1989.
Non-discrimination and rules of interpretation.
Article 9 No Discrimination
Discrimination of persons with disabilities is an offence to human dignity and a denial of the principles and meaning of the United Nations Standard Rules on Equalization of Opportunities for Persons with Disabilities and the six core human rights Conventions mentioned in Article 8.
Persons with disabilities have as part of their legal rights the right to an effective remedy and protection against any discrimination.
Any violation of the fundamental principle of equality or discrimination or other negative differential treatment of persons with disabilities inconsistent with the United Nations standard rules on the equalization of opportunities for persons with disabilities is an infringement of the human rights of persons with disabilities.
It is incumbent upon anyone who does not respect, comply with or act in conformity with the words and meaning of the United Nations standard rules of equalization of opportunities for persons with disabilities to substantiate that such treatment does not constitute discrimination against persons with disabilities.
Article 10 The Right To Organize And The Role Of Organizations Of Persons With Disabilities
Persons with disabilities have a right to formation and membership of free, independent and democratic organizations consisting of disabled people, family members and advocates. Such organizations have a right to speak for and act as the only legitimate representatives of persons with disabilities.
The role of organizations of persons with disabilities should be to identify needs and priorities, to participate in the planning, implementation and evaluation of services and all other measures concerning disabled people.
The states parties shall encourage and support economically and in other ways organizations of persons with disabilities and secure that all relevant matters are submitted to the organizations of persons with disabilities before any governance action is taken. Before the budget is adopted it is incumbent on the government to negotiate with the organizations of persons with disabilities about which measures should be taken in the period covered by the budget to enhance and realize full participation and equalization of opportunities for persons with disabilities in accordance with this Convention.
Article 11 Rule Of Interpretation No. One - No Less Protection Than The Non-Disabled
No national or international legal instrument, provision of declarations or Conventions or part of any such provision or any other legal text should be interpreted in a restrictive sense or in any other way that places persons with disabilities at a disadvantage in any context or offer them less protection than other persons.
Article 12 Rule Of Interpretation No. Two - No Exclusion Of Persons With Disabilities
Whenever a particular group of vulnerable, marginalized or impoverished persons is mentioned in any Convention or human rights instrument dealing with refugees, displaced persons, migrant workers, ethnic, national or religious minorities, children, women, elderly people, the unemployed or other disadvantaged groups the text shall be read to include persons with disabilities belonging to such a group of persons.
The Fundamental And Special Rights Of Persons With Disabilities
Article 13 The Right To Universal Suffrage
Persons with disabilities are equal citizens with the same rights to participate in the political life in society as all other citizens including:
- 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 disabled persons and especially blind, partially sighted and deaf blind persons to cast their vote independently and in secret.
- the right to the provision of accessible information about political parties and candidates' manifestos.
Article 14 The Right To Judicial Equality And Protection
Persons with disabilities have the right to equality before the law and to equal justice under the law. 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. Persons 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 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, large print or electronic information) in a timely manner and without any additional cost.
- the right to sign language interpretation for deaf people.
- 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 disabled.
- the right to the opportunity to be a practicing lawyer, judge or juror and to be given any assistance that may be necessary to enable these tasks to be performed.
- 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 of persons with disabilities.
Article 15 The Right To Access To The Built Environment And Public Transport
Persons with disabilities have a right to access to the built environment. To fulfill this right the states parties shall in accordance with the United Nations standard rules remove obstacles preventing access and make the built environment and public transport accessible.
This includes:
- the right to accessible pedestrian environments, public buildings and facilities for public use that are designed and maintained to enable disabled persons to make use of them and 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.
- 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 free access to all public places, public buildings and public transport for guides of blind and partially sighted people and assistance dogs.
Article 16 The Right To Communication
Persons with disabilities have a right to communicate. Sign language is the original language of deaf persons. The states parties shall recognize the right of deaf persons to communicate by means of sign language and provide interpretation services and other facilities to make communication between deaf persons and others so smooth and efficient as possible.
Other communication disabilities shall also be surmounted appropriately by a combination of assistive devices, technical aids, support services, personal assistance and guides.
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 the provision of adapted equipment to enable blind and partially sighted people to access the internet and other electronically stored information.
Article 17 The Right To Information
Persons with disabilities have a right to access to information. The states parties shall make information accessible in different forms. Braille, tape services, large print and other appropriate technologies shall be used to provide access to written information and documentation for persons with visual impairments. Similarly, appropriate technologies shall be used to provide access to spoken information for persons with auditory impairments or comprehension difficulties.
The media, especially television, radio and newspapers shall make their services accessible. Computerized information and service systems offered to the general public shall also be made accessible.
Article 18 The Right To Shelter, Food, Clean Water And Clothing
The states parties shall provide poor persons with disabilities who cannot earn their own living with economic support as well as other forms of assistance and social services so that no disabled person shall lack adequate and accessible shelter, sufficient food, clean drinking water and suitable and decent clothing that offers protection against weather and climate.
Article 19 The Right To Education
Persons with disabilities have the same right to education as all other citizens. The states parties shall offer equal primary, secondary and tertiary educational opportunities for children, youth and adults with disabilities in integrated settings. Deaf persons, blind and deaf/blind have a right to decline education in integrated settings and choose schools for such persons or special classes and units in mainstream schools. Education should be provided by teachers who have received training relevant to the specific needs of the pupils and with competence to teach communication skills such as braille and sign language. In situations where the general school system does not yet adequately meet the needs of all persons with disabilities, special education should be considered. The quality of such education should reflect the same standards and ambitions as general education and should be closely linked to it. Students with disabilities should be afforded at least the same portion of educational resources as other students. Gradual integration of special education services into mainstream education shall be the aim.
Article 20 The Right To Work
Persons with disabilities have a right to work and shall have equal opportunities for productive and gainful employment. The states parties shall support vocational training and enhance integration of persons with disabilities into open employment. Discrimination must not take place and all obstacles to equal job opportunities for persons with disabilities shall be removed. The states parties shall in accordance with the United Nations standard rules empower persons with disabilities to exercise their right to work.
Article 21 The Right To Social Security And Financial Support
Persons with disabilities have despite age and sex the same right as the rest of the population to income, maintenance and social security. Any lower standard or less social protection for persons with disabilities is a prima facie evidence of discrimination and shall be considered a breach of the obligations which the states parties have undertaken according to this Convention.
This includes:
- the right of equal access to all statutory benefits and pensions.
- the right to the provision of allowances to persons with disabilities, 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 careers, when persons with disabilities are living in their own homes.
- the right to statutory allowances which do not penalize persons with disabilities should they take up employment.
- the right of persons with disabilities in paid employment to receive allowances to compensate them for the additional costs arising from their disabilities.
- the right to financial support to meet the costs of residential and nursing care.
Article 22 The Right To Inclusion, Integration And Participation In All Spheres Of Life
Persons with disabilities have a right to participate fully in all spheres of life and activities in the society to which they belong and where they live among their co-citizens and thus be included in the social, political, cultural, religious and recreational life.
The states parties shall make plans and realize such plans, which enable persons with disabilities to live full and productive lives on an equal footing with other members of society.
The states parties shall in their planning follow the United Nations plan of action and forward looking strategies (1994).
Article 23 The Right To Dignity, Tolerance, Privacy And To Form And Raise A Family
Persons with disabilities have the same right to respect, tolerance and dignity as all other human beings.
State-sponsored abortion based on pre-natal diagnosis without consent from the woman is an infringement of her human rights and should be strictly prohibited.
The right to privacy shall be fully respected and no assistance should be given without accept from the disabled person.
Persons with disabilities have the same right to a sexual relationship, marriage and parenthood as all other human beings and a right to raise a family of their own.
Article 24 Disability Policy Is A Human Rights Issue. Progress Is A Legal Obligation. Fulfillment Shall Be Based On A Multi-Track Approach
The states parties shall always enhance and protect the human rights of persons with disabilities by adopting and implementing a policy based on a multi-track approach to disability issues. The main components that shall be reflected and respected in such national policy are:
- fulfillment of the world programme of action concerning disabled persons (1982).
- realization of the United Nations standard rules on equalization of opportunities for persons with disabilities (1993).
- elaboration of plans at the national, regional and local level based on the UN long term strategy to further the implementation of the world programme of action concerning disabled persons with the goal of creating "a society for all" (1994) and with rehabilitation, vocational training, accessibility, education, employment, and social services and social safety as a part of the priority policy issues.
- mainstreaming of disability issues into all areas of protection and monitoring of human rights and in particular in the administration of the six major human rights Conventions mentioned in Article 8.
- fulfillment of all obligations and duties under this Convention in accordance with its wording and meaning in the spirit of the Convention and with full respect of its intentions.
Monitoring of the Convention
Article 25
For the purpose of examining the progress made by the states parties in achieving the realization of the obligations undertaken in the present Convention and especially to end all discrimination against persons with disabilities and to guarantee full respect of their human rights, there shall be established a committee on the rights of persons with disabilities, which shall carry out the function hereinafter provided.
The committee shall consist of 12 disability experts of high moral standing and recognized competence. The members of the committee shall be elected by the states parties from among their most prominent national leaders of organizations of disabled persons, scholars and scientists and shall serve in their personal capacity, consideration being given to gender and equitable geographical distribution as well as to various kinds of impairment.
The members of the committee shall be elected by secret ballot from a list of persons nominated by states parties. Each state party may nominate one person from among its own nationals.
The initial election to the committee shall be held no later than six months after the date of the entry into force of the present Convention and thereafter every second year. At least four months before the date of each election, the Secretary-General of the United Nations shall address a letter to the States parties inviting them to submit their nominations within two months. The Secretary-General of shall subsequently prepare a list in alphabetical order of all persons thus nominated, indicating the states parties, which have nominated them, and shall submit it to the states parties, which have nominated them, and shall submit it to the states parties to the present Convention.
The elections shall be held at meetings of the states parties convened by the Secretary-General at United Nations headquarters. At those meetings, for which two-thirds of the states parties shall constitute a quorum, the persons elected to the committee shall be those who obtain the largest number of votes and an absolute majority of the votes of the representatives of states parties present and voting.
The members of the committee shall be elected for at term of four years. They shall be eligible for re-election if re-nominated. The term of 6 of the members elected at the first election shall expire at the end of two years; immediately after the first election the names of these 6 members shall be chosen by lot by the chairman of the meeting.
If a member of the committee dies or resigns or for any other cause can no longer perform the duties of the committee, the State party which nominated the member shall appoint another expert from among its nationals to serve for the remainder of the term, subject to the approval of the committee.
The committee shall establish its own rules of procedure.
The committee shall elect its officers for a period of two years.
The meetings of the committee shall normally be held at the United Nations headquarters or at any other convenient place as determined by the committee. The committee shall normally meet annually. The duration of the meetings of the committee shall be determined, and reviewed, if necessary, by a meeting of the States parties to the present Convention, subject to the approval of the general assembly.
The Secretary-General of the United Nations shall provide the necessary staff and facilities for the effective performance of the functions of the committee under the present Convention.
Or
(the States parties shall be responsible for expenses incurred in connection with the holding of meetings of the states parties and of the committee, including reimbursement to the United Nations for any expenses, such as the cost of staff and facilities, incurred by the United Nations pursuant to this Article.)
(with the approval of the General Assembly, the members of the committee established under the present Convention shall receive emoluments from the United Nations resources on such terms and conditions as the assembly may decide.)
(States parties shall be responsible for the expenses of the members of the commmittee while they are in performance of committee duties.)
Article 26
States parties to the present Convention undertake to submit to the committee, through the Secretary-General of the United Nations, reports on the measures they have adopted which give effect to the rights recognized herein and on the progress made on the enjoyment of those rights:
Within two years of the entry into force of the Convention for the state party concerned,
Thereafter every five years.
Reports made under this Article shall indicate factors and difficulties, if any, affecting the degree of fulfillment of the obligations under the present Convention. Reports shall also contain sufficient information to provide the committee with a comprehensive understanding of the implementation of the Convention in that country.
A state party, which has submitted a comprehensive initial report to the committee, need not in its subsequent reports repeat basic information previously provided.
The committee may request from the state parties further information relevant to the implementation of the Convention.
The committee shall submit to the general assembly of the United Nations through the economic and social council, every two years, reports on its activities.
The states parties shall make their reports widely available to the public in their own countries.
Article 27
in order to foster the effective implementation of the Convention and to encourage international co-operation in the field covered by the Convention:
The specialized agencies and UNICEF shall be entitled to be represented at the consideration of the implementation of such provisions of the present Convention as fall within the scope of their mandate. The committee may invite the specialized agencies, UNICEF and other competent bodies, as it may consider appropriate to provide expert advice on the implementation of the Convention in areas falling within the scope of their activities.
The committee shall transmit, as it may consider appropriate, to the specialized agencies, UNICEF and other competent bodies, any reports from states parties that contain a request, or indicate a need, for technical advice or assistance along with the committee's observations and suggestions, if any, on these requests or indications.
The committee may recommend to the general assembly to request the Secretary-General of to undertake on its behalf studies on specific issues relating to the rights of persons with disabilities.
The committee may make suggestions and general recommendations based on information received pursuant to Articles of this Convention. Such suggestions and general recommendations shall be transmitted to any state party concerned and reported to the general assembly, together with comments, if any, from states parties.
Signature and Ratification
Article 28
The present Convention shall be open for signature by all states.
The Secretary-General of the United Nations is designated as the depositary of the present Convention.
The present Convention is subject to ratification. Instruments of ratification shall be deposited with the Secretary-General of the United Nations.
The present Convention shall be open to accession by all states. Accession shall be effected by the deposit of an instrument of accession with the Secretary-General of the United Nations.
Article 29
Any state party to the present Convention may propose an amendment and file it with the Secretary-General of the United Nations. The Secretary-General of shall thereupon communicate the proposed amendment to the States parties to the present Convention with a request that they indicate whether they favor a conference of states parties for the purpose of considering and voting upon the proposals. In the event that within four months from the date of such communication at least one-third of the states parties favor such a conference, the Secretary-General of shall convene the conference under the auspices of the United Nations. Any amendment adopted by a majority of the states parties present and voting at the conference shall be submitted to the General Assembly of the United Nations for approval.
An amendment adopted in accordance with paragraph (1) of this Article shall enter into force when it has been approved by the general assembly of the United Nations and accepted by a two-thirds majority of the states parties to this Convention.
When an amendment enters into force, it shall be binding on those States parties, which have accepted it, other states parties still being bound by the provisions of this Convention and any earlier amendments, which they have accepted.
Article 30
The present Convention shall enter into force on the thirtieth day after the date of deposit with the Secretary-General of the United Nations of the twentieth instrument of ratification or accession.
For each state ratifying the present Convention or acceding to it after the deposit of the twentieth instrument of ratification or accession, the Convention shall enter into force on the thirtieth day after the date of the deposit of its own instrument of ratification or accession.
Article 31
The Secretary-General of the United Nations shall receive and circulate to all states the text of reservations made by states at the time of ratification or accession.
A reservation incompatible with the object and purpose of the present Convention shall not be permitted.
Reservations may be withdrawn at any time by notification to this effect addressed to the Secretary-General of the United Nations, who shall then inform all states thereof. Such notification shall take effect on the date on which it is received.
Article 32
A state party may denounce this Convention by written notification to the Secretary-General of the United Nations. Denunciation becomes effective one year after the date of receipt of the notification by the Secretary-General.
Article 33
The Secretary-General of the United Nations shall inform all states members of the United Nations and all states which have signed this Convention or acceded to it of the following
Signatures, ratifications and accessions;
The date of entry into force of this Convention and the date of the entry into force of any amendments;
Denunciations.
Article 34
This Convention, of which the Arabic, Chinese, English, French, Russian and Spanish texts are equally authentic, shall be deposited with the Secretary-General of the United Nations.
The Secretary-General of the United Nations shall transmit certified copies of this Convention to all States.