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Contribution by Governments

Costa Rica

Proposed Modifications to Draft Article 9
EQUAL RECOGNITION AS A PERSON BEFORE THE LAW

 

Costa Rica- Draft Article 9


EQUAL RECOGNITION AS A PERSON BEFORE THE LAW


States Parties shall:


a. Recognize persons with disabilities as individuals with equal rights and obligations before the law [from proposals by Mexico and EU]


b. Recognize the legal capacity of persons with disabilities on an equal basis with others in all fields [new language based on ideas of WG]


c. Ensure that where assistance is necessary to exercise that legal capacity:


i. Such assistance is adequate to meet the personís requirements and does not undermine his/her rights and freedoms [from proposals by WG and Uganda]


ii Relevant decisions are taken by a competent, independent and impartial authority in accordance with a procedure established by law and with the application of relevant legal safeguards, including provisions for periodic review [from proposals by EU and Costa Rica]


d. Take all necessary measures to ensure everyone whose rights and freedoms as recognized in this convention are violated should have an effective remedy before a national authority, notwithstanding that the violation has be committed in an official capacity [from proposal by Costa Rica, this could be placed elsewhere]

 

Delete paras d), e), f) and g) of the proposal by Japan because their content is already covered in this proposal and also in art. 19.





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