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Contribution by Governments
COLOMBIA PROPOSAL FOR DRAFT ARTICLE 21
August 11, 2005
Right to Health
States Parties recognize that all persons with disabilities have the right to
the enjoyment of the highest attainable standard of health without discrimination
on the basis of disability. States Parties shall ensure no person with a disability
is deprived of that right, and shall take effective measures to ensure access
and coverage for persons with disabilities to health services. In particular,
States Parties shall:
a. Provide persons with disabilities with the same range and standard of health
services as provided other citizens, including sexual and reproductive health
services;
b. Provide programs ran by interdisciplinary teams of professionals to address
early detection, evaluation and treatment for the persons with disabilities.
c. Seek adequate training and equipment of medical and paramedical personnel
that provide services to persons with disabilities so that they have full access
to pertinent technologies, methods and treatments.
d. Seek that persons with disabilities receive regularly the necessary treatment
and medicines in order to keep or improve their functional capacity.
e. Provide those health services needed by persons with disabilities specifically
because of their disabilities;
f. Endeavour to provide these health services as close as possible to people’s
own communities;
g. Ensure that health services include the provision of safe respite places,
to use on a voluntary basis, and counseling and support groups, including those
provided by persons with disabilities;
h. Provide programs and services to prevent and protect against secondary disabilities,
including amongst children and the elderly;
i. Encourage research and the development, dissemination and application of
new knowledge and technologies that benefit persons with disabilities;
j. Provide all health and rehabilitation professionals an appropriate education
and training to increase their disability-sensitive awareness and respect for
the rights, dignity and needs of persons with disabilities, in line with the
principles of this Convention;
k. Define and control quality standards of health services.
(Full stop for right to health)
k. Ensure that health and rehabilitation services provided to persons with
disabilities, and the sharing of their personal health or rehabilitation information,
occur only after the person concerned has given their free and informed consent,
and that health and rehabilitation professionals inform persons with disabilities
of their relevant rights;
This paragraph should be moved to new article 12bis on prior and
free consent.
l. Prevent unwanted medical and related interventions and corrective surgeries
from being imposed on persons with disabilities;
This paragraph should be moved to new article 12bis on prior and
free consent.
m. Protect the privacy of health and rehabilitation information of persons
with disabilities on an equal basis;
This paragraph should be moved to article 14 on respect of privacy
as a complementary remark.
n. Promote the involvement of persons with disabilities and their organizations
in the formulating of health and rehabilitation legislation and policy as well
as in the planning, delivery and evaluation of health and rehabilitation services.
This article could be included under Art. 18 on participation in
political and public life under paragraph b) as sub numeral iii). (To promote
the involvement of persons with disabilities and their organizations in the
formulating of general legislation and policy.)
DRAFT ARTICLE 21BIS
REHABILITATION
The State Parties should ensure the provision of rehabilitation services to
persons with disabilities in order for them to reach and maintain an optimal
level of autonomy. In particular, States Parties shall:
a. Provide access and coverage of rehabilitation and support services to all
persons with disabilities who require them, including persons with severe or
multiple disabilities, in order to ensure optimal levels of mental, physical,
physiological, occupational and social functionality.
b. Define and control quality standards of rehabilitation services.
c. Allow persons with disabilities, families, and communities to directly participate
in the rehabilitation services.
d. Provide the rehabilitation services as close as possible to the persons with
disabilities’ own communities.
e. Establish appropriate measures to provide rehabilitation programmes and services,
in terms of functional re-adaptation, professional rehabilitation, basic training
and temporary services such as evaluation and orientation to provide the persons
with disabilities with the necessary tools that allow for self-realization,
improvement of the quality of life, and better control of immediate surroundings
and interaction in society.
f. Establish mechanisms to provide prosthesis, orthotics, orthopedic instruments
and any other technical, technological and external aids necessary for persons
with disabilities.