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Contributions submitted by Governments
in electronic format at the Fourth Session

Proposed Modifications to Draft Article 6

European Union

Draft Article 6
STATISTICS AND DATA COLLECTION

EU Proposal: Replace the contents of this Article by the following, and move it to Article 25:

“Where necessary, States Parties shall collect appropriate information to enable them to formulate and implement policies to give effect to this Convention. The process of collecting and maintaining this information should:

(a) comply with legally established safeguards to ensure confidentiality and respect for the privacy of persons with disabilities, including legislation on data protection;

(b) comply with internationally accepted norms to protect human rights and fundamental freedoms;

(c) where appropriate, be undertaken in collaboration with and following consultation of organisations of persons with disabilities.”

In order to formulate and implement appropriate policies to protect and promote the rights of persons with disabilities, States Parties should encourage the collection, analysis, and codification of statistics and information on disabilities and on the effective enjoyment of human rights by persons with disabilities. The process of collecting and maintaining this information should:

(a) respect the right to privacy, the dignity and the rights of persons with disabilities, and the information collected from persons with disabilities should be on a voluntary basis;

(b) be kept only in a statistical format without identifying individuals and should be kept secure to prevent unauthorised access or misuse of information;

(c) ensure that the design and implementation of data collection is done in partnership with persons with disabilities, their representative organisations and all other relevant stakeholders;

(d) be disaggregated according to the purpose of the collection of information and should include age, sex and type of disability;

(e) include detailed information on their access to public services, rehabilitation programs, education, housing and employment;

(f) adhere to established ethics regarding respect for anonymity and confidentiality in the collection of statistics and data.

Mexico

Article 6: Statistics and data collection

In order to formulate and implement appropriate regulations and policies to protect and promote the rights of persons with disabilities, States Parties should encourage actions for the collection, compilation, analysis and dissemination of statistics on persons with disabilities and their surroundings, and on the effective enjoyment of human rights by persons with disabilities. The process of collecting and disseminating this information should:

e) promover que la información sobre la población con discapacidad, forme parte de los indicadores utilizados para evaluar el desarrollo de los Estados Parte en temas como derechos humanos, pobreza, equidad, salud, educación, trabajo y otros considerados como relevantes;

a) promote that the information on persons with disabilities be included as part of the indicators used to evaluate the development of the State Parties on such issues as human rights, poverty, equity, health, education, labor and

a) Respect the right to privacy, the dignity and the rights of persons with disabilities. Therefore, the collection of disability statistics should be done with the consent of persons with disabilities;

b) Adhere to ethic regulations and principles regarding respect of anonymity and confidentiality, as well as the use of the disability statistics for social awareness;

c) Ensure that the design and implementation of data collection is done in partnership with persons with disabilities, their representative organizations and other interested stakeholders;

d) Disaggregate the data according to the purpose of the collection of statistics, which should include at least, information about age, sex and type of disability, and to the extent of their possibilities States Parties shall disaggregate the information in the various geographical levels agreed internationally;

e) Include detailed information on their access to public services, rehabilitation programmes, education, housing and employment, as well as the barriers faced by persons with disabilities to exercise their rights;

f) Establish regulations and mechanisms to safeguard disability statistics and ensure their adequate use;

g) State Parties shall assume the responsibility for the dissemination of disability statistics and ensure its accessibility to all interested stakeholders.

Para 2 is reformulated entirely, taking into account proposals made by different delegations:

2. States Parties shall collect appropriate information to enable them to formulate and implement policies to give effect to this Convention. To that effect they shall:

a) promote that information on persons with disabilities be included among the indicators to asses the development of a country on areas such as human rights, poverty, equity, health, education, employment and other relevant areas;

b) ensure the homogeneity among State Parties, for calculating measures and indicators, to be able to make international comparisons;

c) review periodically the new necessities of information required for strengthening policies in favor of the rights of persons with disabilities;

f) Promote among non governmental organizations, the private and academic sector and governmental organizations the development of research and studies that allows the identification of areas of interest to persons with disabilities that contributes to enhance their situation;

Report of the Coordinator to the fourth session of the Ad Hoc Committee

Summary of discussions on draft article 6

18. There was general agreement on the following points for draft article 6:

• There should be a provision in the convention on this topic.

• This should be a separate article and not merged with draft article 25 on monitoring.

• The article should be in the section of the convention concerned with implementation and monitoring (possibly in a chapter on those topics). Its ultimate placement was not resolved and some delegations expressed the preference that it remain in the earlier part of the convention.

• The text should be streamlined to read:

“Where necessary, States parties undertake to collect appropriate information to enable them to formulate and implement policies to give effect to this Convention. The process of collecting and maintaining this information should:

(a) Comply with legally established safeguards to ensure confidentiality and respect for the privacy of persons with disabilities, including legislation on data protection;

(b) Comply with internationally accepted norms to protect human rights and fundamental freedoms;”

• The concept of compliance with the international standards and ethical principles of statistics, as suggested by Landmine Survivors Network, but without listing the elements involved in that concept, should be included. It is possible that briefer wording along the lines of general comment 5 of the Convention on the Rights of the Child, which sets out the objective without being too prescriptive, would suffice. This was referred to the Facilitator’s group, led by Leslie Gatan (Philippines).

• A number of delegations raised the importance of the use to which the data might be put. To avoid unbalancing the text, the Coordinator asked two delegations to draft a briefer formulation for a possible paragraph 2, covering a number of issues not covered in paragraph 1.