Contribution by Governments
The State of Israel supports the inclusion of Article 16 in the Convention. Accordingly, we propose to add the following paragraphs to the Draft Convention:
1. States Parties shall take all appropriate measures to ensure that children with disabilities are afforded equal respect with other children with regard to:
(a) their right to express their views freely in all matters affecting them, their views being given due weight in accordance with their age and maturity;
(b) recognition of their evolving capacities to exercise their rights, including the right to give informed consent to medical treatment.
2. States Parties shall ensure that provision of mainstream services provided for children, including child protection services, are fully adapted, and equally accessible and available to children with disabilities.
3. States Parties shall ensure that children with disabilities, who are victims of crime, have access to the legal system through:
(a) provision of age-appropriate accommodations, services and support;
(b) appropriate respect for their capacity to give testimony;
4. States Parties shall recognise and take appropriate measures to respect the rights of children with disabilities in accordance with all the provisions of the Convention on the Rights of the Child and the present Convention.
Draft Article 18
PARTICIPATION IN POLITICAL AND PUBLIC LIFE
States Parties recognize the political rights of persons with disabilities, without discrimination, and undertake to:
a. Actively promote an environment in which persons with disabilities can effectively and fully participate in political and public life, directly or through freely chosen representatives, including the right and opportunity of citizens with disabilities to vote and be elected, and by ensuring that voting procedures and facilities:
i. Are appropriate, accessible and easy to understand;
ii. Protect the right of citizens with disabilities to make a free and informed decision and to vote by secret ballot; and
iii. Allow, where necessary, the provision of assistance in voting to citizens with disabilities;
b. Actively promote an environment in which persons with disabilities can effectively and fully participate in the conduct of public administration, and shall encourage, as appropriate, their participation in public affairs, including to:64
i. Participate on a basis of equality in the activities and administration of political parties and civil society; INCLUDING REPRESENTATION AND PARTICIPATION IN THE WORK OF INTERNATIONAL ORGANIZATIONS ---
ii. Form and join organizations of persons with disabilities to represent persons with disabilities at national, regional and local levels;
c. Ensure that persons with disabilities and their organizations participate, on an equal basis to others, in all decision-making processes, in particular those concerning issues relating to persons with disabilities.65
d. Ensure that persons with disabilities and their organizations PARTICIPATE on equal basis with others IN THE FORMULATION, IMPLEMENTATION AND EVALUATION OF PLANS AND PROGRAMMES FOR International, NATIONAL, REGIONAL and local DEVELOPMENT.
64: The Ad Hoc Committee may wish to consider the differing levels of obligations that are appropriate for state and non-state organs in this paragraph.
65: The Ad Hoc Committee may wish to consider paragraph (c) alongside the similar provision in draft Article 4(2) of the present draft, and whether both provisions are necessary. The Ad Hoc Committee may also wish to compare both paragraphs to Article 6.1(b) of International Labour Organization Convention No. 169 and Rule 14 of the Standard Rules.
Article 19 - ACCESSIBILITY
1. States Parties shall provide persons with disabilities, through legislation and regulation, in accordance to international standards, the same range and standard of accessibility as is provided to all other persons for enabling full participation and enjoyment of all aspects of life.
2. States Parties to this Convention shall take appropriate measures to identify and eliminate obstacles, and to ensure accessibility for all person with disabilities to the existing and newly planned built environment and open spaces, to transportation, to information and communications, including information and communications technologies, and to other services offered to the public, in order to ensure the capacity of persons with disabilities to live independently and to participate fully in all aspects of life. The focus of these measures shall include, inter alia:
(a) buildings, roads and other indoor and out door facilities for public use, including: work places, schools, medical facilities, cultural and leisure sites
(b) housing and residential accommodation
(c) public transportation facilities, communications and other services, including electronic services and tools.
(d) public information published as: mass media , informational materials and documents in easily understandable accessible and useable formats and languages in a timely manner supplied by public and private enterprises and without additional cost
3. States Parties shall also take appropriate measures to:
(a) Provide in public buildings and facilities signage in Braille and easy-to-read-and-understand forms;
(b) Provide other forms of live assistance and intermediaries, including guides, readers and sign language interpreters, to facilitate accessibility to public buildings and facilities;
(c) Develop, promulgate and monitor implementation based on international standards and guidelines for the accessibility of public facilities and services;
(d) Require private entities that provide public facilities and services to take into account all aspects of accessibility for persons with disabilities;
(e) Undertake and promote research, development and production of new assistive technologies, giving priority to affordably priced technologies;
(f) Promote universal design and international cooperation in the development of standards, guidelines and assistive technologies;
(g) Ensure that persons with disabilities or their representatives are consulted and participating in the planning , development implementation monitoring research and evaluation of matters regarding accessibility issues including guidelines regulations and standards;
(h) ensure that persons who deliver services are appropriately trained to implement accessibility needs and standards
(i) ensure that professionals who consult, design and implement services in matters related to accessibility are certified professionals and that area
Right to health and rehabilitation
States Parties recognize that all persons with all kinds of disabilities have the right to the enjoyment of the highest attainable standards of health and medical, para-medical and psychosocial rehabilitation, without discrimination on the basis of disability and with a view to enabling persons with disabilities to reach and sustain their optimum level of functioning and self expression and to live an independent life of their choice. States Parties shall ensure no person with a disability is deprived of that right, and shall take all appropriate and cultural sensitive measures to ensure access for persons with disabilities to health and rehabilitation services. In particular, States Parties shall:
(a) Provide persons with disabilities with the same range and standard of health and rehabilitation services as provided other citizens, including sexual and reproductive health services;
(b) Provide those health and rehabilitation services needed by persons with disabilities specifically because of their disabilities;
(c) Provide these health and rehabilitation services as close as possible to peopleís own communities;
(d) Ensure that health and rehabilitation services include the provision of safe respite places, and counselling and self support groups, including those provided by persons with disabilities;
(e) Provide programmes and services to prevent and protect against secondary disabilities, including among children, women and the elderly;
(f) Encourage research and the development, dissemination and application of new knowledge and technologies that benefit persons with disabilities;
(g) Encourage the development of sufficient numbers of health and rehabilitation professionals, including persons who have disabilities, covering all disciplines needed to meet the health and rehabilitation needs of persons with disabilities, and ensure that they have adequate specialized training;
(h) Provide to 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;
(i) Ensure that a code of ethics for public and private health care, and rehabilitation which promotes quality care, openness and respect for the human rights, dignity and autonomy of persons with disabilities, is put in place nationally, and ensure that the services and conditions of public and private health care and rehabilitation facilities and institutions are well monitored;
(j) 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;
(k) Prevent unwanted medical, rehabilitative and related interventions and corrective surgeries from being imposed on persons with disabilities;
(l) Protect the privacy of health and rehabilitation information of persons with disabilities on an equal basis;
(m) Promote the involvement of persons with disabilities and their organizations in the formulation of health and rehabilitation legislation and policy as well as in the planning, delivery monitoring and evaluation of health and rehabilitation services.
Draft Article 22: RIGHT
States Parties recognize the right to work of all persons with disabilities
to work of lawful working age, on an
equal basis with others; which this includes
the opportunity to gain a living by work that they freely choosen
or accepted , with a view to promoting equal opportunity
and treatment of persons with disabilities, and protecting them persons
with disabilities from poverty, in a labour market and work
environment, whether in the public, private, or any other sector, which is open,
inclusive and accessible to persons with disabilities.
In order to safeguard and promote the realization of the right to work , States Parties shall take all appropriate steps
to safeguard and promote the realization of this right, including
by way of legislation measures to and shall
a. promote a labour market and work environment that are open, inclusive,
and accessible to all persons with disabilities;
a. [h]Enact legislation
protect and take all
other necessary measures to eliminate discrimination in all aspects of employment
including, through legislation persons with disabilities with regard
to employment, selection, recruitment, hiring, continuance
of employment, career advancement, working conditions, professional
training, severance and retirement including equal remuneration
for work of equal value and equal opportunities, and the redressing of grievances,
and to ensure that persons with disabilities are able to exercise their labour
and trade union rights;
b. [e] Enact legislation and take all other necessary measures to ensure the reasonable accommodation and appropriate representation of persons with disabilities in the workplace and work environment;
c. [i] ensure
that appropriate representation for persons
with disabilities have equal opportunity to employment amongst
employees in the public sector;
d. Ensure equal application to persons with disabilities of employment protection laws and standards, including in relation to safe and healthy working conditions, provision of rest, leisure, reasonable limitation of working hours and holiday pay, the minimum wage, the redressing of labour grievances and trade union rights.
e. [d] encourage employers to hire and retain persons with disabilities,
such as through by such measures as the promotion
of affirmative action programs, and the provision of financial
incentives and support quotas.
f. [b] enable persons with disabilities to have effective access to general technical and vocational and career guidance programs, employment counseling and placement services,
assistive devices, and vocational
and continuing training supplemented by information in accessible
formats on rights and obligations under labour-related law and other forms of
g. [c] promote equal employment opportunities and career advancement for persons with disabilities in the open labour market, including opportunities for self-employment and starting one's own business, as well as providing assistance in finding, obtaining and maintaining and returning to employment, including vocational and professional training and transition programmes;
h. Ensure that alternative forms of employment outside the open labour market are adequately resourced, in conditions that ensure useful, remunerative and decent work, provide opportunities for vocational advancement and facilitate the move into the open labour market.
f. promote the acquisition by persons with disabilities of work experience in the open labour market;
g. promote and provide vocational and professional rehabilitation, job retention and return-to-work programs;
j. promote recognition of the skills, merits, abilities and contributions of persons with disabilities to the workplace and the labour market, and to combat stereotypes and prejudices about persons with disabilities in the workplace and the labour market.
Article 23: Adequate Standard of Living and Social Security
1. States parties recognize the right of all persons with disabilities to an adequate standard of living for themselves and their families, including adequate food clothing, shelter, and housing, and access to clean water, and to the continuous improvement of living conditions, and will undertake appropriate steps to safeguard and promote the re-allegation of this right.
2. States parties recognize the right of all persons with all kinds of disabilities to social security including social insurance, and to the enjoyment of that right without discrimination on the basis of disability and shall take appropriate steps to safeguard and promote the realization of this right, including measure to:
a). Ensure access by, and entitlement of, persons with disabilities to necessary services, devices and other assistance, whether monetary or in kind, addressing disability-related needs, such assistance including both the financing of the additional costs and expenses incurred or likely to be incurred on account of disability and the provision of adequate income support to persons with disabilities who, owing to disability or disability related factors have been denied employment opportunities or have temporarily or permanently lost or suffered a reduction in their income.
b.) Ensure access by, and entitlement of, persons with disabilities, particularly women and girls with disabilities and members of minority groups with disabilities to social security programs and poverty reduction strategies, and to take account the needs and perspectives of persons with disabilities in all such programs and strategies.
c.) Ensure entitlement of persons with disabilities and their families living in situations of poverty to assistance from the State to cover disability related expenses (including adequate training, counseling , financial assistance and respite care), whilst preventing such assistance from becoming a disincentive to work and other forms of self-development, the severity of disability and the existence of multiple disabilities being legitimate factors in prescribing conditions or levels of entitlement in accordance with this sub paragraph.
d.) Ensure access by persons with disabilities to governmental housing programs,
d.)bis ensure that shelter and housing are affordable by persons with disabilities, do not comprise their ability to secure other needs, and are designed, developed and managed to facilitate across the life span the full participation of persons with disabilities in their communities.
f.) Ensure the provision to persons with disabilities of adequate health insurance, including health insurance which covers all disability related health needs.
1. States parties shall ensure by way of legislation and other measures that insurance is neither denied on the basis of disability or made available to persons with disabilities on terms less favorable to persons with disabilities than to others, unless such treatment is based on sound actuarial and professionally recognized information and is fair and reasonable in the circumstances.
2. States parties shall ensure effective implementation of this Article, including by way of making provisions for complaints procedures, enforcement mechanisms, remedies and sanctions.
ISRAELíS PROPOSAL - ARTICLE
INTERNATIONAL AND NATIONAL MONITORING
25. Establishment of Committee
1. For the purpose of reviewing this implementation by States Parties of this Convention, there shall be established a Committee on the Rights of Persons with Disabilities (hereinafter referred to as The Committee ) which shall carry out the functions hereinafter provided.
2. The Committee shall consist, at the time of entry into force of this Convention, of 12 independent experts serving in their personal capacity, of high moral standing and impartiality, holding no position which compromises the appearance of independence and impartiality expected of the Committee, and shall have a recognized competence in the field covered by the Convention. Thereafter, for every additional twenty-five ratifications of this Convention, the membership shall increase by 2 members, until the composition of the Committee attains a maximum number of 20 members. This Committee, in its overall composition, shall:
a. Include members with disabilities, reflecting the entire spectrum of the various disabilities, who shall form the majority of the committee;
b. Comprise an equal number of women and men members;
c. Reflect equitable geographic distribution; and
d. Reflect representation of the principal legal systems.
3. Members of the Committee shall be elected by secret ballot by the States Parties from a list of persons nominated by the States Parties.
4. Each State Party may nominate one person from among its own nationals, chosen from a list of individuals proposed by organizations of persons with disabilities in that State. If no individuals are nominated by organizations of persons with disabilities in a State Party, the State Party may select a nominee, wherever possible in consultation with organizations of persons with disabilities or other appropriate groups.
5. The initial election shall be held no later than six months after the date of the entry into force of this Convention and subsequent elections every second year.
At least four months before the date of each election, the Secretary-General of the United Nations shall address a letter to all States Parties inviting them to submit their nominations within two months. The Secretary-General shall prepare a list in alphabetical order of all persons thus nominated, indicating the States Parties that have nominated them, and shall submit it to the States Parties not later than one month before the date of the corresponding election, together with the curricula vitae of the persons thus nominated.
6. Elections of members of the Committee shall be held at a meeting of States Parties convened by the Secretary-General at United Nations Headquarters. At that meeting, for which two thirds of the States Parties shall constitute a quorum, the persons elected to the Committee shall be those nominees who obtain the largest number of votes and an absolute majority of the votes of the States Parties present and voting.
7. The members of the Committee shall serve for a term of four years. However, the terms of five of the members elected in the first election shall expire at the end of two years; immediately after the first election, the names of these five members shall be chosen by lot by the Chairman of the meeting of States Parties.
8. The members of the Committee shall be eligible for re-election if re-nominated, but no person may serve more than two full terms on the Committee.
9. If a member of the Committee dies or resigns or declares that for any other cause he or she can no longer perform the duties of the Committee, the State Party that nominated the expert shall appoint another expert from among its own nationals for the remaining part of the term. The new appointment is subject to the approval of the Committee.
26. Administration of the Committee
1. The Committee shall elect its officers for a period of two years. The Chair of the Committee shall be a person with a disability.
2. The Committee shall adopt its own rules of procedure.
3. The Committee shall meet for such time as is necessary for it to undertake its work, and this shall involve at least one meeting per year for a period of three weeks.
4. The meetings of the Committee shall be held at United Nations Headquarters and on a rotational basis at the offices of the regional commissions of the United Nations.
5. The Secretary-General of the United Nations shall provide the necessary staff and facilities for the effective performance of the functions of the Committee.
6. The members of the Committee shall receive emoluments from United Nations resources on such terms and conditions as the General Assembly may decide.
7. The members of the Committee shall be entitled to the facilities, privileges and immunities of experts on mission for the United Nations as laid down in the relevant sections of the Convention on the Privileges and Immunities of the United Nations.
27. Reporting by States Parties
1. States Parties undertake to submit to the Committee, through the Secretary-General of the United Nations, a report on the legislative, judicial, administrative and other measures they have taken to give effect to the provisions of the present Convention.
2. States Parties shall submit an initial report within one year of the entry into force of the Convention for the State Party concerned and thereafter every 5 years or whenever the Committee so requests.
3. Reports prepared under the present article shall also indicate factors and difficulties, if any, affecting the implementation of the Convention in the State Party concerned, and shall be prepared in consultation with non-governmental organizations with competence in the field, including organizations of persons with disabilities.
4. The Committee shall adopt any further guidelines relating to the content of the reports, which it considers appropriate.
5. A State Party which has submitted a comprehensive initial report to the Committee need not in its subsequent reports submitted in accordance with this article repeat basic information previously provided.
6. States Parties shall make a draft of their reports widely available to the public in their own country in local languages and accessible formats 6 months prior to the finalization of the report and its submission to the Secretary-General.
7. States Parties shall make their reports widely available to the public in their own countries in local languages and in accessible formats as soon as possible after the State Party has submitted its report to the Secretary-General.
28. Consideration of Reports
1. The Committee shall examine the reports submitted by each State Party and shall transmit such comments as it may consider appropriate to the State Party concerned. This State Party may submit to the Committee observations on any comment made by the Committee in accordance with the present article. The Committee may request supplementary information from States Parties when considering these reports.
2. The Committee shall invite representatives of States Parties to participate in its consideration of the report. Where a State Party is significantly overdue with the submission of its report, the Committee may consider the situation in that State Party in the absence of a report.
3. The Committee may also adopt such general comments as it sees fit, and may also address recommendations to the United Nations and other bodies as it considers appropriate.
4. The Secretary-General of the United Nations may also, after consultation with the Committee, transmit to the specialized agencies as well as to intergovernmental organizations, copies of such parts of these reports as may fall within their competence.
5. The Committee shall present an annual report to the General Assembly of the United Nations on the implementation of the present Convention, containing its own considerations and recommendations, based, in particular, on the examination of the reports and any observations presented by States Parties. Such reports shall be made available in accessible formats.
6. The Secretary-General of the United Nations shall transmit the annual reports of the Committee to the States Parties to the present Convention, the Economic and Social Council, the Commission on Human Rights of the United Nations, the Commission on Social Development of the United Nations and other relevant organizations.
7. Non States Parties may, on a voluntary basis, provide reports to the Committee for consideration.
29. Relationship between the Convention and Other Bodies
In order to foster the effective implementation of the Convention, to encourage coordination among relevant stakeholders and to encourage international cooperation in the field covered by the Convention:
1. The Committee shall request the specialized agencies, organs, special and thematic rapporteurs, of the United Nations, regional commissions of the United Nations, as well as intergovernmental organizations and other concerned bodies to submit, for consideration by the Committee, written information on such matters dealt with in the present Convention as fall within the scope of their activities.
2. The Committee shall invite representatives of specialized agencies, organs, special and thematic rapporteurs of the United Nations, as well as of intergovernmental organizations to be present and to be heard in its meetings whenever matters falling within their field of competence are considered.
3. The Committee shall seek, as relevant, technical assistance from the specialized agencies, organs, special and thematic rapporteurs of the United Nations and other relevant bodies to assist it in its consideration of the reports of States Parties.
4. The Committee may recommend areas of cooperation among States Parties and other competent bodies that will facilitate the implementation of this Convention. To this end, the Committee shall make its recommendations to the Secretary-General of the United Nations.
5. The Committee shall invite representatives of non-governmental organizations with expertise in the field of disability issues or other relevant fields to submit relevant information to the Committee to assist it in its work and to be present and to be heard in its meetings.
30. Relationship between Committee and National Mechanisms
In regard to the national mechanisms, the Committee shall:
1. Advise and assist States Parties, when necessary, in their establishment;
2. Maintain direct, if necessary confidential, contact with the national mechanisms and offer them training and technical assistance with a view to strengthening their capacities;
3. Advise and assist them in the evaluation of the needs and the means necessary to strengthen the protection of persons with disabilities;
4. Make recommendations and observations to the States Parties with a view to strengthening the capacity and the mandate of the national mechanisms for the promotion and protection of the rights of persons with disabilities;
5. Cooperate, for the promotion and protection of the rights of persons with disabilities in general, with the relevant United Nations organs and mechanisms as well as with the international, regional and national institutions or organizations working toward the strengthening of the rights of persons with disabilities.
31. National Human Rights Institution
1. Each State Party shall maintain, designate or establish within one year after the entry into force of this Convention of its ratification or accession, an independent national human rights institution for the promotion and protection of the rights of person with disabilities at the domestic level. Where an independent national human rights institution already exists in the State Party, its mandate shall be extended to comply with this convention and the provisions of this article shall apply with the necessary changes.
2. The States Parties shall guarantee the functional and financial independence of the national human rights institution as well as the independence of their personnel including by way of earmarked funding from the state budget.
3. The States Parties shall ensure that the composition of the national human rights institution includes majority representation of persons with disabilities, reflecting the entire spectrum of disabilities. They shall strive for a gender balance and the adequate representation of national, ethnic and minority groups.
4. States parties shall establish an advisory committee of the national human rights institution, which will include a majority of people with disabilities, reflecting the entire spectrum of disabilities. The Advisory Committee shall also include professionals, legal experts and public representatives. The Chairperson of the Advisory Committee shall be a person with disabilities.
5. The States Parties undertake to make available the necessary resources for the independent functioning of the national human rights institution.
6. The establishment, composition and operation of the national human rights institution shall be in compliance with the Principles relating to the State and Functioning of National Institutions for Protection and Promotion of Human Rights (the ?aris Principles ).
7. The competent authorities of the State Party concerned shall examine the recommendations of the national human rights institution and participate in dialogue with the body on measures taken to implement the provisions of this convention.
8. The national human rights institution shall be granted, at a minimum, the powers and functions to:
a. Make recommendations to the relevant authorities with the aim of improving the promotion and protection of the rights of persons with disabilities based on the obligations contained in this Convention and other relevant international norms.
b. Submit proposals and observations concerning existing or draft legislation.
c. Establish contact with the Committee, to submit information to the Committee and to meet with the Committee.
d. Conduct public awareness raising and other advocacy activities for the promotion of the rights and obligations included in the Convention.
e. Promote cooperation on issues related to the implementation of the Convention between all relevant bodies and stakeholders on the national and international level, including government ministries, state-funded bodies, local authorities, the private and voluntary sectors, the relevant non-governmental organizations, non-governmental organizations of people with disabilities, specialized agencies, and UN bodies.
f. Publish guidelines concerning all matters which are the subject of the Convention.
g. Identify the special needs of persons with disabilities and the selection of the most effective and appropriate ways to respond to these needs, including the initiation, commissioning and encouragement of research.
h. Promote the establishment of data bases in relation to persons with disabilities.
i. Advise persons with disabilities of their rights.
j. Submit an annual national report on the implementation of the rights of persons with disabilities in the State Party concerned.
k. Investigate complaints by persons with disabilities and initiate investigations as to infringements of the rights of persons with disabilities.
l. Conduct mediation, arbitration and other action designed to settled disputes regarding the rights of persons with disabilities.
m. File legal actions in the courts and national tribunals in the Commissionís name and in the name of persons with disabilities with a view to protecting and implementing the rights of persons with disabilities.
n. Issue directions and orders with a view to protecting and implementing the rights of persons with disabilities.