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UN Programme on Disability   Working for full participation and equality

Proposed changes to draft text - Namibia


PROPOSAL Article 21 A (Community Based) Rehabilitation 1

1.

2. States Parties shall recognise CBR as a rights based strategy to alleviate poverty and to address the direct and indirect socio-economic costs of disability at the level of the individual, family and the society at large

3. States Parties shall enhance a rights, social and economic approach in the development of CBR services

a. Mobilising awareness and responsiveness towards equal rights among disabled children and adults, authorities and the society at large

b. removing attitudinal, financial and infra-structural barriers in society, and promoting inclusive public and private services for all, particularly for disabled children and adults

c. consulting and strengthening representative organisations of disabled children, adults as well as their families as primary stakeholders in the full development of such strategies and services

d. enabling disabled children and adults to reach their potential through the development of CBR strategies and services at all levels, which are affecting attitude change at large and based upon priorities of disabled children, adults and caregivers themselves to achieve their rights

e. providing early intervention-, advisory-, functional training- and respite services to disabled persons, families and caregivers in the community aiming at self-reliance and full participation

4. States Parties shall equip and empower a national co-ordinating disability body with the responsibility to manage CBR at national and international level, assuring cohesiveness across national legislation, strategies and service provisions and in line with all other disability issues.

a. the consultation of and best interests of disabled children and adults being paramount

b. access, affordability and quality of such services is assured at all governmental levels for all children, adults and their families

c. ensure BR is included in all community activities at all levels

Footnote:

1. Community Based Rehabilitation covers the full rehabilitation and referral system at primary, secondary and tertiary levels. The term as such also reflects a more comprehensive, social and rights based notion and thus is preferred above the term rehabilitation which reflects a primarily medical notion.

Article 22: Namibia

Insert:

2. States Parties shall ensure effective and appropriate regulation and resources that would provide for the development of alternative forms of community-based employment for persons with disabilities who may not have the capacity to work in the open labour market, in conditions which ensure useful and remunerative work and which provide opportunities for vocational advancement including transfer to open employment.

3. States Parties recognize the right of persons with disabilities to be protected from economic exploitation. States Parties shall take effective legislative, administrative, social and educational measures to ensure the implementation of this article to this end, and having regard to the relevant provisions of other international instruments, States Parties Parties shall in particular provide:

a) For effective and appropriate regulation of non-integrated work settings, including shettered workshop; and
b) For effective and appropriate penalties or sanctions to ensure the enforcement of the present article.

Article 23: The Right to an Adequate Standard of Living - Namibia

States Parties recognize the right of all persons with disabilities to an adequate standard of living for themselves and their families, including adequate food, clothing, housing and access to clean water, and to the continuous improvement of living conditions. As such, States Parties will undertake to take appropriate steps to safeguard and promote the realization of these rights

a) With regard to the right to adequate housing, States Parties undertake to engage in no act or practice of discrimination on the grounds of disability in relation to housing policies and programmes and to take all appropriate measures to ensure that all public authorities, public institutions and private entities shall act in conformity with this obligation.

b) States Parties undertake to guarantee the full participation of disabled persons in the elaboration and implementation of housing related legislation reflect their needs.

c) States Parties shall take all appropriate measures to ensure that persons with disabilities can freely enjoy and exercise their right to housing and can participate fully and equally within society. Steps to be taken by the States Parties should ensure that housing for persons with disabilities:
i. Provides security of tenure and freedom from forced eviction.
ii. Provides for the physical safety of occupants and protection from threats to health, structural hazards and disease vectors.
iii. Is affordable and does not compromise the ability of persons with disabilities to secure other basic needs.
iv. Contains all facilities essential for health, security, comfort and nutrition.
v. Is located in appropriate proximity to support services, employment options, health care services and other social facilities.

d) States Parties shall develop programmes to ensure that persons with disabilities have access to affordable water, including for persons who require additional quantities of water for personal and domestic needs and for those with difficulties in physically accessing sanitation and water supply points and facilities



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