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UN Programme on Disability   Working for full participation and equality

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Proposals to the draft text - Kenya

Draft Article 3 : Definition of Disability

1. States Parties to this Convention shall:

a) seek to remedy the economic, social, cultural, material and personal disadvantages experienced by persons with disabilities by measures that include the implementation of this Convention;

b) recognize that all ages and any population or group of people can experience disability;

c) interpret broadly all clauses in this convention in order to assist people with disabilities who require its protection, taking into account their diversity and individuality;

d) define a person with a disability as an individual whose capacity to lead an inclusive life in the community of his/her choice is limited by the cumulative impact of physical, economic, social and cultural environments and personal factors that arise from physical, sensory, psycho-social, neurological, medical, intellectual or other conditions that may be permanent, temporary, intermittent, perceived or imputed;

e) recognise that no individual shall be considered a person with a disability contrary to his or her own choice;

f) ensure that any definition of disability that is applied in their countries' courts of law is at least as inclusive and broadly based as the definition contained in this Convention, and takes full account of the physical, economic, social and cultural environments and personal factors that create disabling conditions;

g) recognize that an individual may claim rights under this Convention if she or he can be considered a person with a disability or has experienced a past disability, within the terms of the legal definition of disability that is applied in her/his country of residence and if such a definition does not exist, or if the person can be considered a person with a disability under Paragraph d) of this Article, the definition in this Convention shall be applied.


ARTICLE 8
RIGHT TO LIFE

(1) States Parties reaffirm the inherent right to life of all persons with disabilities and shall take all necessary measures to ensure its effective enjoyment by them.

(2) The right to life also includes the right for persons with disabilities to survive and to develop on an equal basis with other persons.

(3) Disability is not a justification for the termination of life.

 

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