Proposed Modifications to Draft Article 4

e) To mainstream disability issues into all economic and social development policies and programmes, including specific allocation of resources to satisfy obligations towards persons with disabilities;

f) To refrain from engaging in any act or practice of discrimination against persons with disabilities and to ensure that public bodies and institutions act in accordance with this convention;

g) To take all appropriate measures to eliminate discrimination on the ground of disability by any person, or organization;

h) To promote and where appropriate undertake the research, development, production, application and dissemination of new technologies in order to make available and affordable to persons with disabilities goods, services, equipment and facilities acceptable to them and aimed at their fullest inclusion in society, [and as appropriate based on the principle of universal design];

i) To establish credible and effective structures to oversee implementation and monitoring; to ensure a barrier free society through the establishment of an effective enabling environment; to provide particular protection and support for persons with disabilities who are vulnerable on account of situations such as conflict and natural disasters or because of their status as children, women and persons living with HIV/AIDS

j) To discourage customs and cultural practices that are inconsistent with this convention.

k) When planning, developing, implementing and evaluating policies and legislation to give effect to this convention, to take appropriate measures to ensure adequate consultations with, and involvement of, persons with disabilities, their families and representative organizations.

Australia

Draft Article 4bis – recognition of specific population groups
Recognition of specific population groups

States Parties shall recognise the particular vulnerability and additional disadvantage of specific population groups of persons with disability, including:

1. women with disability
2. children and young persons with disability
3. elderly persons with disability
4. persons with severe and/or multiple disability
5. persons with disability from racial, ethnic, linguistic, and/or religious minority groups
6. indigenous persons with disability, and
7. persons living in rural, remote and small island communities.

State Parties shall take all appropriate measures, including any special measures, to ensure for these groups the full and equal enjoyment of the rights set out in this convention.

Draft Article 4 ter
No Diminution from Existing Human Rights

1. In interpreting the human rights of people with disability, in no case shall rights set out in this convention derogate from rights set out in the Universal Declaration of Human Rights, the International Covenant on Civil and Political Rights, and the International Covenant on Economic, Social and Cultural Rights.

2. Nothing in this convention shall be taken to derogate from any national law, policy, or program that provides benefits in excess of those required by this convention.

3. States Parties to this convention shall not use this convention as a pretext to derogate from national laws, policies or programs that provide benefits in excess of those required by this convention.

Chile

ARTICLE 4 GENERAL OBLIGATIONS

We propose modifying item (a), integrating the input from Argentina and India into the original proposal, in accordance with the alternative language which we propose:

(a) To adopt legislative, administrative and other measures to give effect to the present Convention and to amend, repeal or nullify any laws and regulations and to discourage customs or practices that are inconsistent with it. With regard to economic social and cultural rights, States parties shall undertake such measures as can be implemented immediately, deciding on the implementation of other measures to the maximum extent of their available resources, including international cooperation

We propose modifying item (c) as follows, to incorporate the input from various States (including Chile):

(c) Cross-cutting integration of the various aspects relating to persons with disabilities into all economic and social development policies and programmes, including those involving international cooperation, avoiding their separate or isolated treatment.

We propose modifying item (f) to incorporate certain observations proposed by States (including Chile). The text would read as follows:

(f) To ensure the development, availability and use of universally designed spaces, goods, services, equipment and facilities. Those spaces, goods, services, equipment and facilities shall meet the specific needs of persons with disabilities with the necessary adaptations, according to the disability involved and at the lowest possible cost.

We support the initial idea of Kenya to incorporate into this item, with input from Chile, the following references::

- To establish efficient and effective structures to monitor the application and implementation of the provisions of the Convention;

- To provide special protection and support to persons with multideficit and to persons with disabilities whose vulnerability is greater owing to armed conflicts, natural disasters or their status as minors, older persons, women or those living with HIV/AIDS, inter alia.

We support the idea of modifying item 2 to incorporate input from various States including Chile. The text would read as follows:

In the design, formulation, implementation and assessment of policies and legislation to give effect to the present Convention, States shall adopt the appropriate measures to ensure sufficient consultation with persons with disabilities, their families, care-givers and organizations representing them, guaranteeing their full participation in this process and recognizing the expertise and leadership that such persons can provide in this field.

We recommend including a new item into article 4, as follows:

(new item) To include in their national budgets the provision of specific resources enabling broad and comprehensive treatment of issues relating to persons with disabilities in their respective national jurisdictions, including the financing of mechanisms to monitor and assess compliance with the rules and to ensure the implementation of the provisions of this Convention.

European Union

Draft Article 4
GENERAL OBLIGATIONS

EU position: EU can accept a separate article on General Obligations.

1. States Parties undertake to ensure the full realisation of all rights and fundamental freedoms for all individuals within their jurisdiction without discrimination of any kind on the basis of disability. To this end, States Parties undertake:

(a) to adopt legislative, administrative and other measures to give effect to this Convention, and to amend, repeal or nullify any laws and regulations and to discourage customs or practices that are inconsistent with this convention;

EU Proposal: EU suggests following rewording: “to take effective measures to review governmental, national and local policies, and to amend, rescind or nullify any laws or regulations which have the effect or purpose of creating or perpetuating such discrimination wherever it exists; “

(b) to embody the rights of equality and non discrimination on the ground of disability in their national constitutions or other appropriate legislation, if not yet incorporated therein, and to ensure, through law and other appropriate means, the practical realisation of these rights;

EU Proposal: EU suggests replacing “rights” with “principles” on the first line and the last line, and suggests the addition of “of opportunity” after “equality”on the first line.

(c) to mainstream disability issues into all economic and social development policies and programmes;

EU proposal: “to ensure that the needs and concerns of persons with disabilities are incorporated into economic and social development plans and policies”

(d) to refrain from engaging in any act or practice that is inconsistent with this convention and to ensure that public authorities and institutions act in conformity with this Convention;

EU proposal: EU suggests replacing “that is inconsistent with this convention” with “of discrimination against persons with disabilities”, and replacing the word “Convention” with “obligation”.

(e) to take all appropriate measures to eliminate discrimination on the ground of disability by any person, organisation or private enterprise;

EU proposal: EU suggests deleting “private” before “enterprise”.

(f) to promote the development, availability and use of universally designed goods, services, equipment and facilities. Such goods, services, equipment and facilities should require the minimum possible adaptation and the least cost to meet the specific needs of a person with disabilities.

EU proposal: Move (f) to Article 19.

2. In the development and implementation of policies and legislation to implement this Convention, States Parties shall do so in close consultation with, and include the active involvement of, persons with disabilities and their representative organisations.

EU proposal: Move paragraph 2 to Article 25 and reword.
EU proposes the insertion of a new article 4(2):

“States Parties shall undertake all appropriate legislative, administrative and other measures for the implememtation of the present Convention. With regard to economic, social and cultural rights, States Parties shall undertake such measures to the maximum extent of their available resources and, where needed, within the framework of international cooperation” ( based on Article 4 of CRC).

Japan

Art.4-1(a)
-same as retained in the round / square brackets on the draft text, which read s as follows:

"to respect and ensure the rights set forth in the present Convention, and to adopt appropriate legislative and other measures to amend..."

(rationale) The wording of the original text is different from that of existin g human rights instruments which could be interpreted as generating different legal effects, as this article 4 is dealing with State Parties' general obliga tions. To avoid such misunderstanding, it should be tailored by using the wor ding of principal human rights conventions. The proposed text is based on CRC Art.2-1, and CEDAW Art.2(b).

Art.4-1(g)
-same as retained in the round brackets on the draft text.

Mexico

Article 4: General Obligations
(Chapeau)

In order to achieve the purpose of the present Convention, States Parties undertake:

New Zealand

Article 4: General Obligations: Amendments Proposed by New Zealand

1. State parties shall respect and ensure the rights and freedoms set forth in this convention for all persons with disabilities [within their jurisdiction] without discrimination of any kind on the basis of disability. (Rationale: to be consistent with the second paragraph below we propose drawing on the language of the Convention on the Rights of the Child, Article 2. We wish however to consider the phrase in square brackets further.)

2. State parties undertake to adopt appropriate legislative, administrative and other measures for the implementation of the rights recognised in the present Convention. With regards to economic, social and cultural rights, state parties shall undertake such measures to the maximum extent of their available resources and, where needed, within the framework of international cooperation. (Rationale for proposed addition: the need to distinguish between civil and political rights on the one hand and economic, social and cultural rights on the other when delineating the states’ obligations in each case – copied from the Convention on the Rights of the Child, Article 4).

3. In ensuring and protecting the rights of persons with disabilities, State Parties undertake:

a. to take all appropriate measures, including legislation, to modify or abolish existing laws, regulations, customs and practices that are inconsistent with this convention; (Rationale for this amendment: there is a general statement of states’ obligations to give effect to the rights in the Convention in paragraph 1, so we have deleted the first part of this sub-paragraph. We have strengthened the reference to “customs and practices” by making them subject to the verbs “modify and abolish” as in CEDAW 2(f))

b. to embody the principles of equality of opportunity and non-discrimination on the ground of disability in their national constitutions or other appropriate legislation, if not yet incorporated therein, and to ensure, through law and other appropriate means, the practical realisation of these rights; (Follows the formulation in the General Principles: proposed EU amendment.)

c. to incorporate the needs and concerns of persons with disabilities into economic and social development plans and policies; (Broader scope, proposed EU amendment)

d. to refrain from engaging in any act or practice that is inconsistent with this convention and to ensure that public authorities and institutions act in conformity with this Convention;

e. to take all appropriate measures to eliminate discrimination on the ground of disability by any person, organisation or enterprise; (Deletion of word “private” before “enterprise”, as in the EU’s proposed amendment, makes the scope broader.)

f. to promote21 the development, availability and use of universally designed goods, services, equipment and facilities. Such goods, services, equipment and facilities should require the minimum possible adaptation and the least cost to meet the specific needs of a person with disabilities.22

g. Promote and where appropriate undertake the research, development, production, application and dissemination of new technologies in order to make available to persons with disabilities goods, services, equipment and facilities acceptable to them and aimed at their fullest inclusion in society. (This formulation, which takes into account material drawn from Articles 13 (d), 19.2 (e), 20 (c) and 21 (f).) will permit their deletion and so remove repetition and redundancy from the text of these later Articles.)

4 In the planning, development, implementation and evaluation of legislation, policies, standards and guidelines to give effect to the provisions of the Convention, States Parties shall do so in partnership with persons with disabilities, recognising their expertise and the leadership they can provide in all affairs concerning them. (This formulation drawn from Articles 5 (d), 6 (c); 18 (c); 19.2 (g) and 21 (m).) will permit their deletion and so remove repetition and redundancy from the text of these later Articles.)

Republic of Korea