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Ad Hoc Committee Documents

 

Ad Hoc Committee on a Comprehensive and Integral International Convention on Protection and Promotion of the Rights and Dignity of Persons with Disabilities
New York, 16-27 June 2003

Compilation of proposals for a Comprehensive and Integral International Convention to Promote and Protect the Rights and Dignity of Persons with Disabilities

 

 

STRUCTURE

Option 1

The SEMINAR OF QUITO, recognizing the human rights and fundamental freedoms guaranteed by existing international norms, agreed to propose the following thematic structure that includes civil, cultural, economic, political and social rights, which will permit persons with disabilities to exercise their citizenship and obtain equality of opportunities and recommends that the following subject be included in the basic and specific articles.

1. Objective

2. Definitions

3. Purposes

4. Eradication of poverty

5. Guarantee of personal dignity

6. Equality of opportunities

7. Social inclusion and participation

8. Specific rights of vulnerable groups (children, the girl child, adolescents, women, ethnic minorities, older persons, among others)

9. Mental health

10. Promotion of attitudinal change

11. Accessibility and universal design

12. Access to information and communication

13. Prevention

14. Health and rehabilitation

14. Education and training

15. Housing

16. Work and entrepreneurial undertakings

17. Social security

18. Guarantee of personal dignity

19. Protection of the family

20. Attention to people in emergency situations

21. De-institutionalization

22. Sexual abuse and violence

23. Civil and political rights

24. Legal assistance

25. National control and evaluation organizations

26. International cooperation

27. Monitoring Committee

28. Committee mandate

29. Functioning of the Committee

30. State party reports

31. Amendment

32. Dissemination

33. Depository

34. Entry into force

35. Authentication of the Convention in the official languages

The MEETING OF BANGKOK considered that a Convention should include the following elements:

In addition the Bangkok Meeting considered that a number of additional perspectives or aspects of existing rights that might be considered for explicit inclusion in a convention. These included:

  1. Right to participation and right to inclusion;
  2. Right of access to the physical environment (including access to places, services and facilities) right to a barrier-free society;
  3. Right of access to information and to communication (which should reflect the specific modifications necessary for effective access);
  4. Right to enjoy resources;
  5. Right to personal self-determination and to independent living in the community [2];
  6. Right to freedom from violence and abuse;
  7. Right of access to basic economic resources, including safe food and water; and
  8. Provisions recognizing that the position of persons with disabilities living in rural areas may be different in important respects to that of persons living in urban areas.

The MEETING OF BANGKOK also considered that the Convention should also contain provisions dealing with other measures to be taken by States Parties, which could include:

  1. provision for national institutional frameworks to monitor and promote compliance with the convention, in which national human rights institutions can play a role;
  2. provisions requiring that national governments ensure that the responsibility for matters relating to upholding the rights of persons with disabilities should be allocated to a specific focal point within Government with authority for implementation;
  3. provision for setting clear targets for the development of disability-inclusive infrastructure and processes;
  4. provisions requiring States Parties to provide and promote accessibility for all persons with disabilities and their associates;
  5. provision for collection of statistics and other data for reporting and monitoring purposes;
  6. provision requiring States Parties to promote awareness of the Convention; and
  7. provisions requiring States Parties to set aside specific resources to implement the Convention and to provide support for the activities of DPOs.

PREAMBLE

GENERAL COMMENTS

The SEMINAR OF QUITO recommended that the following elements should be reflected in the Preamble: 

The MEETING OF BANGKOK considered that the following matters might be usefully addressed in a Preamble:

SPECIFIC PROPOSALS

OPTION 1:

Preamble

The States Parties to this Convention:

a) Reaffirming the purposes and principles of the Charter of the United Nations;

b) Considering that the Charter of the United Nations reaffirms the value of the human person based on the principles of dignity and equality inherent to human beings and resolves to promote the social progress and better standards of living of all peoples within a broader concept of freedom;

c) Recognizing that the United Nations has proclaimed and agreed accorded in the Universal Declaration of Human Rights and in the International Covenants on Human Rights that everyone is entitled to all rights and freedoms set forth therein without distinction of any kind, such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth, or other status;

d) Recognizing also that discrimination against all persons for reasons of any disability is a violation of the principles of equality of rights and respect for human dignity and hinders the participation - under equality of conditions - of persons with disabilities in civil, social, economic, political, and cultural life;

e) Taking into consideration the international and regional instruments, declarations, norms, and programs adopted to promote human rights and non-discrimination against persons with disabilities, such as: the 1982 World Program of Action for Persons with Disabilities; the 1971 Declaration on the Rights of Mentally Retarded Persons; the 1975 Declaration of Rights of Disabled Persons; the 1991 Principles for the Protection of Persons with Mental Illness and the Improvement of Mental Healthcare; the 1993 Standard Rules on the Equalization of Opportunities for Persons with Disabilities; the 1999 Inter-American Convention on the Elimination of All Forms of Discrimination against Persons with Disabilities; and the statutes and pertinent instruments from specialized agencies such as the 1983 International Labor Organization's Convention no.159 on the Vocational Rehabilitation and Employment of Persons with Disabilities;

f) Reaffirming the outcomes of the major United Nations Conferences and Summits and their respective follow-up reviews, particular as they pertain to the promotion of the rights and well-being of persons with disabilities, on an equal and participatory basis;

g) Noting with great satisfaction that the Standard Rules on the Equalization of Opportunities for Persons with Disabilities have played an important role in influencing the promotion, formulation, and evaluation of the policies, plans, programs, and actions at the national, regional, and international levels to further the equalization of opportunities by, for and with persons with disabilities;

h) Stressing the relationship that exists between the present Convention and the Covenants on Human Rights and other human rights instruments, as well as the usefulness of the Standard Rules for implementing the content of this international instrument;

i) Recognizing that, despite the numerous efforts made by governments, bodies and relevant organizations within the United Nations system and non-governmental organizations aimed at increasing cooperation and integration, as well as raising awareness about questions regarding disability since the adoption of the World Program of Action (1983-1992), these efforts have not been enough to eradicate violations and discrimination against persons with disabilities in different parts of the world;

j) Recognizing that in order to achieve equality of opportunities for persons with disabilities, the exercise of all political, civil, economic, social, and cultural rights established in the International Covenants and other instruments of Human Rights, must be guaranteed, as well as their accessibility to the physical environment;

k) Emphasizing the responsibility of States to eliminate obstacles and barriers for the full integration and participation in all spheres of social, economic, cultural, and political life - under conditions of equality - for persons with disabilities and vulnerable to multiple or aggravated discrimination;

l) Concerned over the fact of the existence of social circumstances that contribute to increase the incidence of disability, which include extreme poverty, lack of healthcare attention, violence inside and outside the home, accidents, alcohol and drug abuse, inadequate administration in medical treatment, systematic violation of human rights, lack of proper care during the ageing process, and armed conflicts;

m) Committed to take the necessary steps to reduce the causes that originate or worsen certain disabilities;

n) Bearing in mind the importance of raising the development levels and quality of life of the world's population and working toward the strengthening of international peace and security;

o) Conscious of the world movement in favor of persons with disabilities and the efforts undertaken by these organizations and their representatives in raising awareness and recognition of the rights of persons with disabilities;

p) Motivated by the principles of dignity and equality intrinsic to human beings and the values of dignity, independence, equality of opportunities, and solidarity with persons with disabilities;

Have agreed to the following:

The SEMINAR OF QUITO recommended the following additions and changes to the text of Option 1:

d) Recognizing also that discrimination against all persons for reasons of any disability is a violation of the principles of equality of rights and respect for human dignity and hinders, provides an obstacle to and impedes the participation - under equality of conditions - of persons with disabilities in civil, social, economic, political, and cultural life;

In the list of the international and regional instruments, declarations, norms, and programs adopted to promote human rights and non-discrimination against persons with disabilities, should be added ILO conventions 121 and 122 on minimum standards and accidents at work to the 1983 International Labor Organization's Convention no.159 on the Vocational Rehabilitation and Employment of Persons with Disabilities;

It also recommends that all rules that can strengthen the preamble should be included, and in terms of the 1991 Principles for the Protection of Persons with Mental Illness" consider that it may not be completely representative and therefore consider incorporating the Standard Rules recommendation on refusing treatment.

The seminar suggests adding

"Noting that not all international instruments... adopted to date adequately reflect the current status of current evolution of normative standards related to persons with disabilities."

Recognizing the efforts made by the Special Rapporteur of the United Nations for disability that have assisted in the rules relative to the subject and that have determined the impossibility of eliminating discrimination and achieving the development of persons with disabilities through the existing instruments.

j) Recognizing that in order to achieve equality and equalization of opportunities for persons with disabilities, the exercise of all political, civil, economic, social, and cultural rights established in the International Covenants and other instruments of Human Rights, must be guaranteed, as well as their accessibility to the physical, social and cultural environment;

l) Concerned over the fact of the existence of social, economic, political and cultural circumstances that contribute to increase the incidence of disability, which include extreme poverty, lack of healthcare attention, violence inside and outside the home, accidents, alcohol and drug abuse, inadequate administration in medical treatment, systematic violation of human rights, lack of proper care during the ageing process, and armed conflicts;

Add environmental factors and risks in the workplace as a generator of disabilities.

Add:

Recognizing that poverty leads to a greater prevalence of disability, which, in turn, generates poverty, such that we must adopt measures to combat it;

Recognizing that factors of age, gender factors and belonging to an ethnic group increase the risk of exclusion and marginalization of persons with disabilities;

Change:

Concerned over the fact of the existence of social, economic and political circumstances that contribute to increase the incidence of disability, which include extreme poverty; lack of healthcare attention especially in regard to integrated prevention and rehabilitation; violence inside and outside the home; accidents; alcohol and drug abuse; inadequate administration in medical treatment; systematic violation of human rights; lack of proper care during the ageing process; and armed conflicts which contribute to increasing the incidence of disability;"

n) Bearing in mind the importance of guaranteeing the conditions to achieve development and sustained improvement in the quality of life of the world's population and working toward the strengthening of international peace and security;

Add: Recognizing the rights of self-determination for persons with disabilities, the protagonist role of persons with disabilities in decision-making about the policies and programs that affect them is emphasized.

In the On-line CONSULTATION organized by DESA, a participant suggested the following additions, changes or comments for the subparagraphs contained in the preamble of the text of option 1:

Subparagraph(c):

 Concerned that the exercise of these rights by persons with disabilities has not taken place and that this will require the adoption by States of laws, policies and measures to address the factors impeding the exercise of their rights by persons with disabilities.

Subparagraph (e):

While the citations of previously agreed texts is generally good, many organizations of persons concerned with abuse of psychiatric practices find the citation of 1971 Declaration on the Rights of Mentally Retarded Persons and the 1991 Principles for the Protection of Persons with Mental Illness and the Improvement of Mental Healthcare to be inappropriate since they contain principles that are no longer considered fair or correct.

Subparagraph (j) : 

Since accessibility to the physical environment is clearly incorporated into the rights established under the human rights regime, mentioning it implies that it is not an established right.  The final phrase should be deleted.

Subparagraph (m):

While prevention is an important issue in a larger context, it should not be included in a Convention on disabilities, which is applied to persons who already have a disability.  This text opens the door to a large number of steps, including eugenics, that have serious social and moral implications, as well as linking the Convention to large and often intractable issues like armed conflict.  This paragraph should be deleted or the emphasis should be on mitigating the factors that worsen certain disabilities.

Article 1

GENERAL COMMENTS

The SEMINAR OF QUITO considered that the objective should include the following concepts:

SPECIFIC PROPOSALS

Option 1

The object of this Convention is to:

a) Recognize, guarantee, promote, and protect the rights of persons with disabilities;

b) Eliminate all forms of discrimination against persons with disabilities in public and private spheres;

c) Promote the autonomy and independent lives of persons with disabilities and achieve their full participation in economic, social, cultural, civil, and political life, under conditions of equality;

d) Promote new forms of international cooperation to support national efforts in the benefit of persons with disabilities, and achieve the objectives of this Convention.

The following changes and additions are suggested by the SEMINAR OF QUITO to the text of Option 1: 

Suggested title: Objectives

a) Recognize, guarantee, promote, and protect the exercise of the rights of persons with disabilities;

c) Promote the autonomy and independent lives of persons with disabilities and achieve their full participation in economic, social, cultural, civil, and political life, under conditions of equality through sustainable development and supporting national efforts;

Suggestion: Measures that the State must take to achieve real equality should understand real to be more than a mere formal equality.

(d): promote new forms of international cooperation to support national and regional efforts in the benefit of persons with disabilities including in the technical and technological areas.

Add: e) widely disseminate the rights that are guaranteed in this Convention and develop strategies to achieve them.

It is considered important that, in addition to recognizing the rights, the measures should be identified that will be adopted to ensure their full operation and achievement in a progressive way.

In the On-line CONSULTATION a participant suggested to consider the following comment:

Subparagraph (a):  Persons with disabilities have the same human rights as any other person and the exercise of these rights is the central purpose of the Convention.  The fact that these are the same human rights as other persons should be indicated. Therefore, the first objective should be to “Recognize, guarantee, promote, and protect the human rights of persons with disabilities and their exercise.”

Article 2

GENERAL COMMENT

The SEMINAR OF QUITO considered it indispensable to define the following theoretical concepts that will be used in the drafting of the Convention, concepts that will have to be part of Article 2.

1. Person with disabilities (In this case, each State Party will be able to use terminology that can be adapted to its cultural tradition, adjusting it to the Convention, promoting the dignity and the positive social image of the person with disabilities.)

2. Access, with the following concepts

2.1. Accessibility

2.2. Universal design

2.3. Reasonable accommodation

2.4. Access to information and communication technology

3. Integration - Inclusion

4. Autonomy - Independent living

5. Equality and equalization of opportunities

6. Positive and affirmative action

7. Discrimination against persons with disabilities

8. Vulnerability

SPECIFIC PROPOSALS

Option 1

For the purposes of this Convention, the following definitions shall apply:

a) "Disability" means a physical, mental (psychic), or sensory impairment, whether permanent or temporary, 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.

b) Discrimination against persons with disabilities means any distinction, exclusion, or restriction based on a disability, record of disability, condition resulting from a previous disability, or perception of disability, whether present or past, which has the effect or objective of impairing or nullifying the recognition, enjoyment or exercise by a person with a disability of his or her human rights and fundamental freedoms.

The SEMINAR OF QUITO suggested the following changes to Option 1:

Suggested Title: Definitions

Either

Discrimination against persons with disabilities means any arbitrary distinction, exclusion, or restriction based on a disability, record of disability, condition resulting from a previous disability, or perception of disability, whether present or past, which has the effect or objective of impairing or nullifying the recognition, enjoyment or exercise by a person with a disability of his or her human rights and fundamental freedoms.

Or

Discrimination against persons with disabilities means any distinction, exclusion, or restriction based on a disability, record of disability, condition resulting from a previous disability, or perception of disability, whether present or past, which has the effect or objective of impairing or nullifying the recognition, enjoyment or exercise by a person with a disability of his or her human rights and fundamental freedoms. Discrimination also is constituted by the failure to eliminate environmental or attitudinal barriers or the creation of new barriers that impede access to services and to full participation in the activities of civil, cultural, economic, political and social life.

The MEETING OF BANGKOK suggested that the Convention should include definitions of disability, discrimination, and accessibility and made the following proposals:

Disability

15. There is a range of definitions of disability adopted at the international level. This reflects different purposes as well as changes in the understanding of disability. The meeting noted that the WHO-ICF definition might be taken as a starting-point, but also noted that there were concerns about some definitions currently employed, particularly in relation to survivors of mental illness or users and survivors of psychiatry.

16. The Convention should contain a definition of disability that reflects an understanding of disability as something which is the result of social and environmental factors. A definition of disability should not be restrictive. For example it should cover physical, sensory, intellectual, psychiatric and multiple disabilities. It should acknowledge that disability can be permanent, temporary, episodic and perceived.

17. In elaborating the definition of disability, it should be recognized that, while individuals have impairments, disability is not an individual pathology. It has a range of implications for social identity and behaviour, and largely depends upon context. Disability may also be a consequence of discrimination, prejudice and exclusion.

Discrimination and equality

18. With regard to the definition of "discrimination" the Convention should address all forms of discrimination including direct, indirect, intended and unintended, hidden, and systemic discrimination. The convention should contain a definition of discrimination on the basis of disability which draws on existing international definitions but which modifies them to reflect the particular nature of equality and discrimination in relation to persons with disabilities.

19. There is a consistent approach taken to the definition of discrimination by the Convention on the Elimination of All Forms of Discrimination against Women, the International Convention on the Elimination of All Forms of Racial Discrimination, ILO Convention No 111 on Discrimination in Occupation and Employment, and by the Human Rights Committee and the Committee on Economic, Social and Cultural Rights. Discrimination exists where there is "any distinction, exclusion or restriction on the basis of a prohibited characteristic (i.e. disability) which has the purpose or effect of impairing or nullifying on a basis of equality the recognition, enjoyment or exercise of human rights"..

20. A definition of discrimination should:

  1. cover direct (disparate treatment), indirect (disparate impact), hidden and systemic discrimination, including all arrangements, practices, and social structures that lead to the denial of rights and freedoms;
  2. include a failure to accord reasonable accommodation as discrimination (as does the Committee on Economic, Social and Cultural Rights in its General comment 5), and should include a definition of reasonable accommodation;
  3. clarify the different types of "positive measures" that may be required to ensure equality (some continuing, some which may need to be only temporary) and the relationship of these "positive measures" to the definition of discrimination;
  4. provide that affirmative action or special measures to reduce or remove barriers to full participation and to provide enabling environments in order to achieve equality of opportunity and equality of treatment should not be regarded as discriminatory;
  5. equality of opportunity requires that any relevant restrictions or limitations caused directly or indirectly by a disability should be remedied by appropriate modifications, adjustments or assistance;
  6. recognize that discrimination can result where different treatment is based on multiple grounds including disability (intersectionality) - for example, women with disabilities, indigenous people with disabilities - and that there can also be discrimination where different disabilities are treated differently and where in relation to different treatment there is a disparate effect on an individual or group;
  7. include protection for associates of persons with disabilities against discriminatory treatment because of their association; and
  8. provide protection against discrimination where disability is suspected, assumed or perceived, or where the discrimination is based on a past disability.

21. The definition of equality should recognize that equality of opportunity requires that any relevant restrictions or limitations caused directly or indirectly by a disability should be remedied by appropriate modifications, adjustments or assistance and requires affirmative action, reasonable accommodation or special measures to provide barrier free access in all spheres for full participation and to provide enabling environments, where necessary, in order to achieve equality of opportunity and treatment. Such action or measures should not be regarded as discriminatory. The Meeting raised the issue of whether the concept of equality to be adopted was one of equality of opportunity or equality of outcome/result.

Accessibility

22. The concept of accessibility, which was a critical component of any convention, needs to be defined carefully. The following definition was proposed: [1]

"Accessibility" means the measure or condition of things and services that can readily be reached or used (at the physical, visual, auditory and/or cognitive levels) by people including those with disabilities, which could be achieved, through design and adaptation irrespective of any types of disabilities. The term "accessibility", as commonly used in the disability-related field, may include but is not limited to:

(i) access to physical/built environments and public transport;

(ii) access to information and communications, including information, communications and assistance technology.

The Meeting also noted the elaboration of accessibility with reasonable accommodation contained in the Manila Declaration on Accessible Information and Communications Technology adopted by the United Nations Interregional Seminar and Demonstration Workshop on Accessible ICT and Persons with Disabilities (Manila, 3-7 March 2003). That meeting was organized in response to General Assembly resolution 57/229, which inter alia calls for accessibility with reasonable accommodation in United Nations facilities and documents.

 According to the AFRICAN REGIONAL CONSULTATIVE CONFERENCE the convention should include the following definitions:

Definition of Disability
The definition of disability in the Convention must not focus on the inabilities of people with disabilities as this inadvertently leads to stigmatisation and categorisation and does not ogre well for equity. The definition should be premised on an understanding that disability is a social construct and most of its effects are inflicted upon people with disabilities by their social environments. Defining disability as such allows that we collectively contribute to changing this social construct.

Principle of Non-discrimination
The Convention must support the creation of a barrier free society that is premised on non-discrimination and participation. This is essential to ensuring the full and effective integration of persons with disabilities in the mainstream of social and economic development. The principle of non-discrimination in the disability context should be broadly seen to address all forms of discrimination experienced by persons with disabilities - i.e. discrimination on the grounds of race, gender, social origin, but to mention but a few. It is common knowledge that African women with disabilities often face triple discrimination – i.e. poverty, gender and disability.

Principle of Equality
The achievement of equality must be the common thread in the Convention. Persons with disabilities still experience prejudice and discrimination on the basis of their disability. Thus inclusion of the principle of the equalisation of opportunities for persons with disabilities will ensure the benefits of substantive equality in their daily lives. In essence, substantive equality requires that persons with disabilities are able to access economic, human and social rights.

In the On-line CONSULTATION a participant suggested to consider the following comments to:

Subparagraph (a):

 While this is the definition used in the Inter-American Convention on the Elimination of All Forms of Discrimination Against Persons with Disabilities, it may not be sufficiently clear to guide national legislation.  The matter of definition is particularly critical for this convention because of the potential ambiguities about who will be covered by the convention’s provisions.

First, the definitioin should include the broad ange specified in the Standard Rules: “People may be disabled by physical, intellectual or sensory impairment, medical conditions or mental illness.”  It should also clearly show the relationship between the individual and the environment.  One approach has been developed in the United Kingdom:

Disability is the outcome of the interaction between the person with the impairment or health condition and environmental factors

‘disabled person’ is a person with an impairment or health condition who encounters disability or is perceived to be disabled.

Impairment is a characteristic and condition of an individuals’ body or mind which unsupported has limited, does limit or will limit that individual’s personal or social functioning in comparison with someone who has not got that characteristic or condition.

Environmental factors make up the physical, social and attitudinal environment in which people live and conduct their lives

If the OAS definition is used, it should be supplemented by sub-paragraphs that provide examples of “essential activities of daily life” as well as examples of types of disabilities.  For the activities of daily life” one possibility is to cite by footnote the section of the International Classification of Functioning, Disability and Health relating to activities, although this is a taxomomy rather than a definition.  Another possibility is to include the definitions of activity used in some national censuses:

“Functional activities: seeing, hearing, speaking, lifting and carrying, using stairs, and walking;

“Activities for daily living (ADL): getting around inside the home, getting in or out of a bed or chair, bathing, dressing, eating, and toileting;

“Instrumental activities of daily living (IADL): going outside the home, keeping track of money or bills, preparing meals, doing light housework, and using the telephone.”

Because persons who are not necessarily specialists will apply the Convention, it would be useful to include as a sub-paragraph a listing of the major types of disabilities that have been identified.  This approach was used in the United Nations Declaration on the Elimination of Violence against Women where it was also important to have clarity about what was covered.  So a subparagraph should be added along the following lines:

Disabilities covered by this Convention include, but are not limited to, blindness, deafness, mobility impairments, intellectual impairments, consequences of mental illness and its treatment [additional examples to be added.]

Subparagraph (b):

The issue of who determines whether a person has a disability as defined in the convention should be addressed.  Who determines is related to the specific context in which disability is addressed, but the article on definition should provide clear and unambiguous guidance about how the determination should be made.  Thus, an additonal paragraph to that effect should be adopted, along the llines of:

“Whenever the question arises of whether an individual is covered by the provisions of the convention in national laws and programmes, this should be determined by a fair and open procedure involving expert advice, legal opinion and individuals with disabilities through their organizations.”

Article 3

Option 1

States Parties agree to adopt legislative, judicial, administrative, and any other kind of measures aimed at achieving the objectives of this Convention. To this end, they shall:

1. Include in their legislation, policies and programs aimed at promoting the full participation of persons with disabilities.

2. Adopt the necessary measures to eliminate all forms of discrimination against persons with disabilities and promote and protect the exercise of their rights. Among others, these measures shall include the following:

a) Incorporate in their national legislations the principle of equality and non-discrimination for all people and abolish or amend any legislation that permits the contrary.

b) Establish measures to prevent and sanction any practice which constitutes discrimination against persons with disabilities.

c) Ensure that the rights contained in this Convention and other related international instruments have the legal protection of the competent national courts.

d) Establish in their national legislations the necessary positive actions to promote the autonomy and independent lives of persons with disabilities and to achieve their full participation, under conditions of equality, in all activities of economic, social, cultural, civil, and political life.

3. In the elaboration and evaluation of legislation and policies adopted for persons with disabilities, special circumstances and needs of persons with disabilities, shall be taken into account and shall secure their participation and that of their families.

4. Promote the elaboration national census-taking of the population with disabilities and their access to public services, rehabilitation, education, and employment.

The SEMINAR OF QUITO suggested the following changes to the text of Option 1:

Suggested Title: Legal Framework

1. In their legislation, policies and programs, promote the full participation of persons with disabilities, including in decision-making.

2.

a) Incorporate in their national legislations the principle of equality of rights and equalization of opportunities and non-discrimination for all people and abolish or amend any legislation that permits the contrary.

d) Establish in their national legislations the necessary positive actions to promote the autonomy and independent lives of persons with disabilities and to achieve their full participation, integration and inclusion, under conditions of equality, in all activities of economic, social, cultural, civil, and political life.

3: In the elaboration and evaluation of legislation, policies and programs, special circumstances and needs of persons with disabilities, shall be taken into account and shall secure their participation and that of their families, as appropriate.

4. Promote the inclusion of the subject of disability in national censuses and in all systems of information acquisition, as well as developing specific mechanisms to collect statistical information about the population with disabilities and its access to health services, education and employment.

Article 4

Option 1

1. In order to guarantee equality of rights and opportunities for persons with disabilities, States Parties shall promote, among others, positive or compensatory measures.

2. States Parties shall adopt specific measures to protect persons with disabilities who are in special situations of vulnerability.

The SEMINAR OF QUITO suggested the following additions to the text of option 1:

Suggested Title: Special Measures

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

The SEMINAR OF QUITO proposed a New article:

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

In the On-line CONSULTATION a participant suggested to consider the following changes, comments or additions to:

Paragraph1 The terms positive and compensatory measures might be interpreted with a certain ambiguity.  Also, the term promote is very weak since it does not obligate action by the State.  What is meant is measures that are intended to provide persons with disabilities with adaptations in the environment that enable them to exercise their rights on the same basis as others and to contribute fully to development.  A better formulation would be

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

Paragraph 2

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

Article 5

Option 1

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

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

b) Encourage the mass media to project a positive and non-stereotype image of persons with disabilities and their families.

c) Guarantee the participation of disabled people's organizations in the execution of these measures.

d) Promote dissemination campaigns to raise the awareness of society and training courses for public officials regarding the rights contained in this Convention.

The SEMINAR OF QUITO proposed the following changes and additions to the text of Option 1:

Suggested Title: Culture, social consciousness and the mass media

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

b) Encourage the mass media to project a realistic, accurate and non-stereotyped image of persons with disabilities and their families.

Add:

Train social actors

Raise awareness among the principal agents of socialization: family, school

Promote awareness raising and training of public officials and other social actors about the rights contained in the present convention.

In the On-line CONSULTATION a participant suggested to consider the following comment:

Subparagraph (a):

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

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

Article 6

Option 1

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:

a) Urban outfitting and public services and facilities for public use have the adaptations necessary to facilitate access, use, and circulation for persons with disabilities.

b) Vehicles and public transport services allow the access and mobility of persons with disabilities.

c) 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.

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

The SEMINAR OF QUITO proposed the following changes and additions to the text of Option 1:

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.

In the On-line CONSULTATION a participant suggested to consider the following comments:

Subparagraph (a) :
The term “urban outfitting” as a translation for “equipamiento urbano” is not clear.   However, limiting this to urban areas would imply that equipamiento (and services and facilities) in rural areas would not have to be adapted.  Since most people in developing countries still live in rural areas, this would not be good.  Either the paragraph should begin with “Public services…” or an additional paragraph dealing with public services and facilities for public use in rural areas.

Subparagraph (b):  As drafted it implies application mostly to mobility impairments and may not be taken to include  persons with sensorydisabilities.  A better formulation would be:

Public transport services are designed and equipped to permit access, mobility and use by persons with all types of disabilities.

Subparagraph (d):  Accessible housing is a major concern of persons with disabilities, especially in developing countries. It deserves a separate article.  This subparagraph does not specify what the regulations should include and do not take into account that much housing is private.  A more nuanced text should distinguish a State responsibility for ensuring accessibility in publicly-provided housing and the notion of incentives to the private sector to encourage the construction of accessible housing.  Examples might be:

The all public housing or housing built with government funds be constructed or adapted to ensure the accessibility of persons with all types of disabilities to them;

Incentives are given to the private sector to include accessibility considerations in housing construction and rehabilitation so as to allow freedom of choice in housing for persons with disabilities.

Article 7

Option 1

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.

The SEMINAR OF QUITO proposed the following changes and additions to the text of Option 1:

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.

In the On-line CONSULTATION a participant suggested to consider the following comment: While this text is generally acceptable, it would be stronger if it contained a firm statement that in public business States should ensure that these communication forms (including sign language) should be  mandatory.

Article 8

Option 1

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:

a) Ensure that public information services are accessible, using appropriate technologies.

b) Encourage the mass media to make their services accessible to persons with disabilities.

c) Promote through information campaigns, awareness of the rights intrinsic to persons with disabilities and the means by which to enforce these rights.

The SEMINAR OF QUITO proposed the following additions to the text of Option 1:

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.

In the On-line CONSULTATION a participant suggested to consider the following addition:

Subparagraph (a): The issue is partly technological, but there is also a content dimension relating to content that can be used by persons with cognitive or learning disabilities.  For this, it would be useful to add at the end “and adapting content appropriately”.  In addition the Internet has now become a major communications channel that can be either accessible or inaccessible according to whether design standards are appropriately used.   This could be addressed by a new subparagraph:

Establish and implement standards for accessibility to Internet content for persons with disabilities.

Article 9

Option 1

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.

The SEMINAR OF QUITO proposed the following changes and additions to the text of Option 1:

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.

The SEMINAR OF QUITO suggested to Add a new 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

Option 1

1. States Parties shall promote respect for the human rights of persons with disabilities in all legal proceedings and, therefore, likewise commit to:

a) Provide legal counsel and interpretation or translation services, free of charge, to all persons with disabilities.

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

c) Consider or categorize such discrimination as aggravated criminal behavior when committed against persons with disabilities.

d) 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.

The SEMINAR OF QUITO proposed de following additions to option 1:

Suggested Title: Legal processes

1.

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

In the On-line CONSULTATION a participant suggested to consider the following comment:

Subparagraph (c):

As drafted this would imply that discrimination against persons with disabilities would only be aggravated criminal behaviour when it accurred during legal proceedings or when serving a sentence.  It is not clear what problem this would address.  Presumably the intent is to consider that discriminatory violence against persons with disabilities as  hate crimes.  In that case, a better formulation would be:

Enact or amend national legislation to recognize hate crimes against persons with disabilities as an aggravating factor in criminal behaviour.

Article 11

Option 1

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:

a) 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.

b) 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.

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.

d) Guarantee the right of persons with disabilities to freedom of association and to form their own organizations.

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

The SEMINAR OF QUITO proposed the following additions to option 1:

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

In the On-line CONSULTATION a participant suggested to consider the following changes:

Subparagraph (a):  The translation from the Spanish is not accurate.  A better formulation would be:

 Guarantee exercise of the right to universal and secret suffrage by disabilities and for that purpose, include in election mechanisms the use of instruments and specialized technologies for each type of disability.

Subparagraph (e):  This is an essential norm for which the term “promote” is much too weak.  States should ensure the participation…”

 

Article 12

Option 1

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:

a) 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.

b) 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.

c) 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.

d) Include information and communications technologies in learning processes.

e) 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.

f) 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.

g) Promote access for students with disabilities to scholarships and financing resources.

The SEMINAR OF QUITO suggested the following changes and additions to the text containes in option 1:

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

In the On-line CONSULTATION a participant suggested to consider the following changes:

Paragraph 3, subparagraph (a):

The issue is less the teaching model than the educational option.  A better formulation would be “their right to choose among them.”

Paragraph 3, subparagraph (c):

The translation from the Spanish does not appear accurate.  A more accurate rendering would be:

Ensure the provision and continuous training of specialized human resources that support the educational process of persons with disabilities in formal and other education modalities, emphasizing the training and hiring of teachers, instructors, and specialists with disabilities.

Article 13

Option 1

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:

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 treatment of persons with disabilities.

b) Ensure that persons with disabilities are able to decide on their treatment by providing them with the information necessary to do so.

c) Guarantee that persons with disabilities, especially breastfeeding mothers, children, and the elderly, receive quality medical attention within state healthcare systems.

d) 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.

e) 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.

f) 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.

The SEMINAR OF QUITO suggested the following additions to the text of option 1: 

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.

In the On-line CONSULTATION a participant suggested to consider the following general Comment:  First, the use of the verb promote is weak.   The purpose should be to guarantee access to medical services.  Medical services and rehabilitation services are quite different and have different imperatives for State action.  In the case of medical services, the main purpose is to ensure access to them by persons with disabilities on a non-discriminatorybasis.  For rehabilitation services, the focus is on the quality and availability of the services.  For that reason, each should have a separate article.  The article on medical services could be built on paragraphs a-d, while rehabilitation services could be built on e.  Paragraph f applies to both.

Consider the following changes:

Paragraph (e), subparagraph 5

The use of the term require may imply that others will decide for persons with disability what they need.  Clearly, independence implies an ability to choose.  The term require should be replaced by “need and desire”.

Paragraph (f)

Setting out psychiatric institutions may serve to stigmatize them.  A more general formulation might be:

Ensure that public as well as private healthcare institutions are monitored by the health and human rights authorities to ensure that the living conditions and treatment administered therein to persons with disabilities comply fully with the requirement of full and equal respect for their human rights on an equal basis with other people, and that no one is forced to live in an institution by coercion or for lack of available alternatives.

Article 14

Option 1

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 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.

b) 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.

c) Guarantee the right of persons with disabilities to an equal wage for work of equal value.

d) Promote the adoption of positive measures that allow persons with disabilities access to and continuance in employment.

e) Promote workplace training, instruction, and updating for persons with disabilities.

f) Promote the adaptation of workplaces, work instruments, and working hours to make them accessible for persons with disabilities.

g) Grant incentives for companies that hire persons with disabilities and facilitate their freedom to attend medical appointments and undergo therapy.

h) Implement awareness campaigns to overcome negative attitudes and prejudices that affect persons with disabilities in the workplace.

The SEMINAR OF QUITO proposed the following additions to the text of Option 1:

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.

In the On-line CONSULTATION a participant suggested to consider the following comment and addition:

Subparagraph (b):  The subparagraph covers errors of commission but does not cover errors of omission (the failure to do something) and this should be remedied:

Prohibit and abolish any discriminatory regulations and practices, including the failure reasonably to accommodate a person with a disability in the workplace, which restrict or deny persons with disabilities access to, and continuance and promotion within the labor market

Subparagraph (f)   to make if more complete, add “…instruments, work routines, and …”

Article 15

Option 1

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:

a) 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.

b) Develop social security programs and measures that cater to the specific needs of persons with disabilities.

c) 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.

d) 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.

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

f) 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.

g) Establish norms whereby persons with disabilities are not discriminated against regarding the access to social security and public and private medical insurance. .

In the On-line CONSULTATION a participant suggested to consider the following comments:

Subparagraph (e)

 Public housing is not a social security issue.  There should be an earlier article specifically on housing

Subparagraph (f):

 the term “look after” is not the best translation of “cuidar”.   Better would be “provide care for”.   Additionally, the concept should be added to “Ensure that people with disabilities have the right to choose and supervise those who assist them.”

Article 16

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

a) Recreational, cultural, and sports activities through adaptations which facilitate them the use of related facilities and services.

b) Their integration into routine sports activities and national as well as international competitions.

c) A system of scholarships or special incentives for cultural, artistic, and sports activities.

The SEMINAR OF QUITO suggested the following additions to the text of Option 1:

Suggested Title: Recreational and cultural activities and sports

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

a) Recreational, artistic, tourist, cultural, and sports activities through adaptations which facilitate them the use of related facilities and services.

b) Their integration into routine sports activities and those of high return in national as well as international competitions designed especially for persons with disabilities.

c) A system of scholarships or special incentives for cultural, artistic, tourist and sports activities

Article 17

GENERAL COMMENT

The Bangkok meeting noted that the Convention should include specific obligations relating to national institutional frameworks, in particular providing that States Parties should use national institutions to monitor and promote compliance with the Convention, in which national human rights institutions can play a role. There should be provision for handing of complaints, and for promotion, litigation, monitoring and reporting functions. There should be enforcement mechanisms, including provision of remedies, within institutional and/or judicial systems. The Meeting considered that such national frameworks should be adequately resourced. The Meeting also noted the importance at the national level of the establishment of consultative bodies incorporating persons with disabilities and DPOs.

Option 1

In accordance with their legal systems, States Parties shall promote the establishment and strengthening of national institutions responsible for safeguarding the rights and dignity of persons with disabilities.

The SEMINAR OF QUITO suggested the following addition to the text of Option 1:

Suggested Title:  National organizations

States parties should promote the creation or strengthening of national institutions responsible for coordination of actions and the definition of policies and rules in the area of disabilities as well as safeguarding the rights and dignity of persons with disabilities, with the significant and decisive participation of persons with disabilities.

Add:

Urge States party to designate a national organization to be responsible for follow-up and evaluation of implementation of the present convention.

Include:

Urge States part to harmonize, a soon as possible, their national legislation with what is included in the present convention and in other international instruments concerned with disability.

Article 18

States Parties agree to consult and collaborate with each other, regarding the 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) 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.

b) Exchange the latest advances in scientific research and the development of technology pertaining to the treatment and rehabilitation of persons with disabilities and the elimination of obstacles that restrain their autonomy, independent life, and full enjoyment of their rights, as well as the development of national capacities.

c) Exchange information and best practices on measures and legislation for persons with disabilities.

d) Encourage the study of issues and research of common interest, including the problems and special needs of States Parties.

e) Promote courses, seminars, and workshops for training and research.

f) Promote the harmonization of criteria regarding alternative forms of communication used by persons with visual or hearing disabilities.

g) 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 their needs.

h) Promote the elimination of import duties on technical equipment and aid materials for persons with disabilities.

The SEMINAR OF QUITO Suggested the following title and made a general comment on the text of Option 1: Title Suggested:  International cooperation and the article should be expanded to include text about sources of financing that contribute to the implementation of the Convention especially in the developing countries.

In the On-line CONSULTATION a participant suggested to consider the following comment to Subparagraph (h):  The issue of mainstreaming disability issues in development cooperation is extremely important and should be reflected in this article. The observed tendency is to address disability as a sectoral issue of concern to health and medical rehabilitation or labour and social welfare. There is no consideration of disability in the context of mainstream development.   Building on Rule 21 of the Standard Rules on Equalization of Opportunities for Persons with Disabilities, “Technical and economic cooperation” :

Take measures to achieve the equalization of opportunities of persons with disabilities by be integrating them into all forms of technical and economic cooperation, bilateral and multilateral, governmental and non-governmental.

Article 19

Option 1

1. The object of the Conference of States Parties (hereinafter, "the Conference") shall be to:

a) Evaluate the operation and status of this Convention.

b) Promote international cooperation and assistance, as provided for in the previous Article.

c) Consider the recommendations and suggestions put forward by the Committee of Experts.

d) Elaborate a final report on the agreements reached at the Conference and submit it to the Secretary General of the United Nations.

2. The first Conference shall be convened by the Secretary General within a period of one year following the entry into force of this Convention. Subsequent meetings shall be convened by the Secretary General every three years, or whenever he deems necessary, and shall be held at the headquarters of the United Nations.

3. The Conference shall establish its own rules of procedure which, among other, shall stipulate that:

a) Two thirds of the States Parties shall constitute quorum. b) Conference decisions shall be adopted by a majority of votes from the members present.

4. States not Party to this Convention, specialized bodies and competent agencies of the United Nations system, and regional and non-governmental organizations may be invited to attend these meetings as observers, in accordance with the agreed rules of procedure.

5. The Secretary General shall provide the resources, personnel, and services required to hold the Conferences of States Parties.

The SEMINAR OF QUITO suggested the following changes and additions to the text of Option 1:

Suggested Title:  Conference of States Party

1. The object of the Conference of States Parties (hereinafter, "the Conference") shall be to:

b) Promote international cooperation and assistance, as provided for in the previous Article.

Article 20

GENERAL COMMENTS

The SEMINAR OF QUITO recommended to take into account existing approaches in the basic human rights conventions for the elaboration of the Convention's mechanism for evaluation and follow-up.

It principal function would be to consider the national reports presented by States party. Thus, it will be able to analyze the information presented by other relevant actors in civil society, persons with disabilities ad their organization, who, it is suggested, should be invited to participate in its deliberations.

In this context, the receipt of individual communications from persons with disabilities or their representatives should be considered, that allege to be victims of violations, as well as a basic mechanism to receive these communications.

It would be hoped that the members of the Committee would be independent experts with recognized experience in the issue of disability and a high moral authority, preferably persons with disabilities. Their number should be representative to be able to respond efficiently to the mandate that they are given, based on an equitable geographical distribution.

As an innovative element in the field of human rights and based on other international or regional conventions, it is suggested that the meetings of the Conference of States Party should promote cooperation, dialogue, exchange of best practices and the review of specific themes, among others.

The aforementioned should be complementary to the work of the Committee and have the goal of contributing with State efforts to successfully undertake the commitments to which States have contracted.

The MEETING OF BANGKOK considered that there were a number of international, regional, sub-regional and national level mechanisms that might be used to monitor the implementation of the Convention. The establishment of an independent committee of experts similar to that established under other United Nations human rights treaties was seen as a central component of a Convention, though it was recognized that monitoring also needed to take place at the regional and national levels.

35. The Meeting considered that there should be established a new human rights treaty body, consisting of independent experts in the field of disability, to oversee the implementation by States Parties of the provisions of the Convention. Such a new committee should have a general monitoring function, as well as being empowered to consider allegations of violations of rights where the national system concerned has failed to provide a remedy. Any monitoring system should involve an independent assessment of implementation by State Parties.

36. The committee should perform the functions of reviewing reports submitted by State Parties, have competence to receive individual complaints alleging violations of the rights guaranteed in the convention, and should have the power to initiate an inquiry into the situation in a State Party where it appears that serious or systematic violations of the Convention are occurring. The committee might also be given the competence to consider complaints by one State Party against another alleging violation of obligations under the Convention.

37. Membership of that committee should include persons with disabilities, and ways of involving DPOs in the selection of the members of the committee should be explored. Information concerning the Convention produced by governments and the United Nations should be made available in formats which are available and accessible to all.

38. In addition to the establishment of a new treaty committee, regional intergovernmental organizations should be encouraged to monitor implementation of the rights of persons with disabilities, and existing or future regional human rights charters and mechanisms should expressly incorporate the rights of persons with disabilities. Particular mention was made of the Biwako Millennium Framework monitoring system as having the potential to monitor the implementation of a new Convention and to provide input into the work of a new treaty committee.

The AFRICAN REGIONAL CONSULTATIVE CONFERENCE suggests to consider People with disabilities must be involved from inception to final monitoring and evaluation stages of any policies and programmes aimed at addressing their needs. Accountability and transparency as the foundation of good governance also cannot be excluded from the Convention.

Option 1

In order to monitor the implementation of this Convention, a Committee of Experts on the Rights of Persons with Disabilities (hereinafter, "the Committee") shall be established, the functions of which shall be as follows:

a) Evaluate the national reports submitted periodically by States Parties on the progress and problems encountered in implementing this Convention.

b) Make recommendations of a general nature to States Parties to further advance the implementation of this Convention.

c) Invite specialized bodies, other competent agencies, and non-governmental organizations to participate in studying the implementation of this Convention.

d) The Committee may invite specialized bodies and other agencies of the United Nations to submit reports on the implementation of the provisions of this Convention which apply to their particular sphere of competence.

e) Identify areas of cooperation among States Parties, and between these and specialized bodies and competent agencies that facilitate implementation of this Convention. To this end, the Committee shall submit its recommendations to the Conference.

f) The Committee may recommend technical assistance from United Nations agencies at any stage of the report evaluation process or during the implementation of its final recommendations.

g) Submit an annual report to the United Nations General Assembly on its activities pursuant to this Convention and make suggestions and recommendations based on the study of the reports and data provided by States Parties.

Article 21

1. States Parties undertake to submit to the Secretary General of the United Nations, to be examined by the Committee, a report on the legislative, judicial, administrative, or any other measures they have adopted to give effect to the provisions of this Convention.

2. Reports submitted by States Parties must specify advances as well as limitations affecting the degree of fulfillment of the obligations under the present Convention. They must likewise contain sufficient information regarding difficulties encountered in its implementation.

3. In their periodic reports, States Parties commit to include a chapter on the situation of persons with multiple disabilities and groups of disabled persons that are vulnerable to multiple or aggravated discrimination. They must also specify steps taken by the State Party to deal with their particular situation.

4. States Parties shall submit their reports for evaluation by the Committee within a term of two years following the entry into effect of this Convention for the State Party in question, and, thereafter, every four years, or whenever requested by the Committee.

Article 22

1. The Committee shall consist of 12 experts (men and women) chosen from among prominent national leaders of organizations of persons with disabilities, scholars, specialists, scientists, and doctors of recognized high moral integrity and competence in the protection and promotion of the rights and dignity of persons with disabilities and who shall serve in their personal capacity. These experts shall be elected by States Parties, taking into consideration an equitable geographic distribution and specialization in the different types of disabilities.

2. Members of the Committee shall be elected by secret ballot from a list of persons nominated by States Parties. Each State Party may propose one person from among its own nationals.

3. Committee members shall be elected at biennial meetings of the States Parties convened by the Secretary General of the United Nations and held at the latter's headquarters. At these meetings, quorum for which shall be constituted by the attendance of two thirds of the States Parties, candidates to the Committee shall be considered elected based on the highest number of votes and on absolute majority of votes from States Parties' representatives present and voting.

4. The initial election shall be held, at the latest, six months following the date of the first Conference and, thereafter, every two years. At least four months prior to 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 a period of three months. The Secretary General shall then prepare a list, in alphabetical order, of the persons nominated, indicating the States Parties they were proposed by, and notifying States Parties to the present Convention.

5. Committee members shall be elected for a period of four years. They may be reelected, if their candidatures are put forward once again. Notwithstanding, the mandate of six of the members elected in the first round shall expire after a period of two years. Immediately following the initial elections, the Committee chairperson shall chose the names of these six persons by lot.

6. In order to cover unexpected vacancies, the State Party whose expert has terminated his/her functions as a Committee member may appoint another expert from among its own nationals, subject to the approval of the Committee.

Article 23

1. The Committee shall elect its Board for a period of two years. Members of the Board may be reelected for a like period.

2. The Committee shall establish its own rules of procedure.

3. The Committee shall normally meet annually at United Nations headquarters for a period not to exceed two weeks to evaluate reports submitted in compliance with the previous Article. The duration of these meetings shall be determined and, if necessary, subject to review by the Conference of the Parties.

4. The Secretary General of the United Nations shall provide the resources, personnel, and services necessary for the effective performance of the functions of the Committee, under the present Convention.

5. Mindful of the importance of the functions of the Committee and subject to prior approval of the United Nations General Assembly, the members of the Committee shall receive emoluments from United Nations resources on such terms and conditions determined by the Assembly.

Article 24

A State Party to this Convention may, at any time, declare that it recognizes the competence of the Committee to receive and consider communications submitted by persons subject to its jurisdiction or, on their behalf, claiming to be victims of a violation by the State Party of any of the rights set forth in this Convention. The Committee will not accept any communication relating to a State Party which has not made this declaration.

Article 25

All States Parties to this Convention may propose an amendment and deposit it with the Secretary General of the United Nations. In such case:

a) The Secretary General shall inform States Parties regarding the proposed amendment, asking them to notify him should they wish to convene a Conference of States Parties to examine the proposal and put it to a vote.

b) If within the four months following receipt of this notification at least one third of the Party States come out in favor of convening, then the Secretary General shall convene an amendment conference, under the auspices of the United Nations.

c) Any amendment adopted by a majority of the States Parties present and voting at the conference shall be submitted by the Secretary General to the United Nations General Assembly for its approval.

d) Any amendment adopted pursuant to paragraph 1 of this Article shall come into force once it has been approved by the United Nations General Assembly and accepted by a two-thirds majority of the States Parties.

e) When amendments come into force, they shall be obligatory for the States Parties that have accepted them, in as much as the other States Parties shall be bound by the dispositions of this Convention.

f) States not Party to this Convention, as well as specialized bodies, non-governmental organizations, and other competent agencies may be invited to attend the Amendment Conference as observers, in accordance with the agreed rules of procedure.

Article 26

1. The Secretary General of the United Nations shall receive and circulate to all States the text of reservations formulated by States at the time of ratification or accession.

2. A reservation incompatible with the object and purpose of this Convention shall not be permitted.

3. Reservations may be withdrawn at any time by virtue of notification to the Secretary General of the United Nations who shall, in turn, notify all States to the same effect. The notification shall take effect as of the date of its reception.

Article 27

Any dispute arising between two or more States Parties with respect to the interpretation or implementation of this Convention that is not settled by negotiation, shall, be referred to arbitration at the request of one of the parties to the dispute. If the parties fail to reach an agreement on the form of arbitration within a term of six months following the request, any of the parties may put the dispute before the International Court of Justice, in conformity with its statutes.

Article 28

Each State Party commits to widely disseminate this Convention and its periodic reports, and publicize them.

Article 29

1. The Secretary General of the United Nations is designated as the depository of this Convention.

2. This Convention shall be open for signature to all United Nations Member States.

3. This Convention shall be open for ratification or accession to all United Nations Member States.

4. The Secretary General shall periodically deliver information on the number of signatures, ratifications, and accessions to this Convention, as well as on the efforts made and steps taken for its promotion and dissemination.

Article 30

This Convention shall enter into force on the thirtieth day after the date the tenth instrument of ratification or accession has been deposited with the Secretary General of the United Nations.

For each State ratifying or acceding to this Convention after the tenth instrument of ratification or accession has been deposited, the Convention shall enter into force on the thirtieth day following the date on which the State in question has deposited its own instrument of ratification or accession.

Article 31

1. This convention, whose texts in Arabic, Chinese, Spanish, French, English, and Russian are equally authentic, shall be deposited in the archives of the United Nations.

2. The Secretary General of the United Nations shall send certified copies of this Convention to all States Parties.

Relevant recommendations from the "Interregional Consultative Expert Meeting on Disability-Sensitive Policy Design and Evaluation for Sustainable Livelihoods for All" to be taken into consideration in the Convention[1]

(A)
Recommendations Concerning the Proper Balance Between Investments in Rehabilitation, Inclusion and Social Protection

  1. The promotion of sustainable livelihoods for people with disabilities involves increasing their access to social and economic opportunities. This access is restricted by individual, social and environmental barriers. The ability of people with disabilities to make social and economic contributions, and thus achieve sustainable livelihoods, is determined by the extent to which they are able to overcome these barriers and pass through the following three stages of physical and social integration:

To foster sustainable livelihoods for people with disabilities, all three types of barriers must be addressed simultaneously in ways that facilitate the passage of people with disabilities through all three of the stages of physical and social integration. This requires local, national and international disability strategies based upon comprehensive and integrated combinations of:

(B)
Recommendations Related to Rehabilitation and the Facilitation of Adaptation to Disability

  1. Rehabilitation should be comprehensive, and designed to facilitate inclusion in all areas, including the medical, social, technical, educational, vocational, cultural and political aspects of life.
  2. National policies for persons with disabilities should assure quality rehabilitative and adaptive services

(C)
Recommendations Related to Policies to Foster the Interaction of Disabled People With Their Communities and Societies

3. Based on the United Nations Charter and the Universal Declaration of Human Rights], disabled people should be encouraged to run for offices in parliaments and other political organizations, and election systems should be made completely accessible to them.

6. There should be increased support for the active participation of persons with disabilities and disabled persons organizations in the process of monitoring compliance with disability non-discrimination legislation at all levels of governance, including the national, regional, and local.

9. Educational institutions and curriculum should include people with disabilities when implementing the concept of "education for all."

12. Community Based Rehabilitation (CBR) initiatives should be promoted and supported, especially in the field of development, and disabled people should be assured leading roles in CBR programs.

14. Strict measures should be enacted to penalize all forms of discrimination against people with disabilities.

(D)
Recommendations Related to Policies to Foster the Employment of Disabled People and to Facilitate Other Forms of Social and Economic Contributions

  1. Employment opportunities should be increased for people with disabilities because for most disabled people employment is a necessary condition for full integration into social life.
  2. Open labor market opportunities should be the priority for job placements.
  3. Employment opportunities for people with disabilities should not only be fostered in the formal sector, but in the informal sector as well.
  4. Affirmative steps should be taken to promote entrepreneurial activities and business leadership opportunities for people with disabilities.
  5. Mainstream vocational training and vocational education should be accessible to disabled people.
  6. Work environments should be made accessible for people with all types of disabilities.
  7. Promoting employment for people with disabilities should be part of all mainstream development projects related to income generation and professional career development.
  8. Vocational training programs and income generating activities designed specifically for people with disabilities should be meaningful and relevant to the economic circumstances of the disabled beneficiaries.
  9. International exchanges should be promoted concerning best practices related to the employment of people with disabilities who cannot be placed in the open labor market.
  10. Ongoing research should be conducted on the continuous positive impact of technology on job opportunities for people with disabilities.
  11. Employment related assistive technology should be more widely dispersed, particularly in developing countries.
  12. Trade unions should become more actively engaged in the promotion, protection and defense of the rights of employees with disabilities.
  13. Disability issues should be formally included in all negotiations between trade unions and employers.
  14. Quota, levy and incentive systems should be considered to foster employment for people with disabilities.
  15. In addition to regulations and laws, Governments are urged to promote job placements for people with disabilities by motivation and persuasion based on human relations.
  16. Local communities should take affirmative steps to promote employment opportunities for people with disabilities.
  17. Employment opportunities for people with disabilities should be consistently equal across genders ices.

[1] The complete version is contained in document A/AC.265/CRP

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