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Back to: Proposed Modifications by Governments
Sixth Session | Ad Hoc Committee Main

 

Contribution by Governments

Kenya

 

DRAFT ARTICLE 15 BIS

Women with disabilities


1. States parties recognize that women and girls with disabilities are subject to multiple discrimination and that focused gender specific measures (including protective measures) will be necessary to ensure that women and girls with disabilities enjoy all human rights and fundamental freedoms on the basis of equality with others.

2. States parties shall undertake measures to specifically increase education, awareness creation and access to information on issues unique to women, especially those that discriminate and marginalize, particularly women with disabilities, including but not limited to:
a. Single parenthood;
b. Negative cultural practices;
c. Negative religious beliefs and practices; and
d. Reproductive health.

3. States parties guarantee equitable participation and representation of women with disabilities in all democratization processes and all decision-making levels.

4. States parties undertake to address the special needs and provide necessary support, security, safety, and counselling for women with disabilities in situations of civil or natural calamities.

5. States parties undertake to ensure sustainable livelihood for women with disabilities by adopting and implementing appropriate policies and legislative measures that guarantee and enhance their access to and ownership of land and other property, access to credit , gainful employment and social security.

 

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Draft Article 16
CHILDREN WITH DISABILITIES 1


1. States Parties undertake to ensure that each child with a disability within their jurisdiction shall enjoy, without discrimination of any kind on the basis of disability, the same rights and fundamental freedoms as other children.
2. States Parties shall ensure that children with disabilities enjoy a full and decent life, in conditions that ensure dignity, promote self-reliance and autonomy, and facilitate the child's active participation in the community.
3. States Parties recognise the right of children with disabilities to inclusive care, which shall include:
(a) early detection, intervention and provision of appropriate and comprehensive services;
(b) the extension, subject to the maximum extent of available resources, to the eligible child and those responsible for his or her care, of assistance for which application is made and which is appropriate to the child's condition and to the circumstances of the parents or others caring for the child;
4. Recognising the needs of children with disabilities, assistance extended in accordance with paragraph 3 of the present article shall be provided free of charge, whenever possible, taking into account the financial resources of the parents or others caring for the child and shall be designed to ensure that a child with a disability has effective access to and receives education, training, health care services, comprehensive [re]habilitation services, preparation for employment and recreation opportunities in a manner conducive to the child's achieving the fullest possible social integration and individual development, including his or her cultural and spiritual development;
5. Children with disabilities and their parents or other persons caring for or legally responsible for the child shall be provided with appropriate information, referrals, training , and counselling, and skills made available in these ways shall aim at providing them with a positive view of their potential and right to live a full and inclusive life.

(5) bis. States parties recognise the particular vulnerabilities of children with disabilities to sexual abuse and exploitation, and shall ensure their protection.
(6) bis. States parties undertake to give particular attention to children with disabilities who are infected or affected by illnesses of a terminal nature or illnesses or conditions which tend to encourage social stigmatisation. States parties will provide such children with affordable and accessible life-saving drugs and treatment.

Footnotes:

1. Paragraphs 2, 3 and 4 of this draft Article are based on Article 23 of the Convention on the Rights of the Child. That Article is a specific elaboration of disability issues in a Convention on children that does not otherwise deal with disabilities. Draft Article 16 of this text, however, is a specific elaboration of children’s issues in a convention where the rest of the text does deal with disabilities. Duplicating Article 23 in this context, therefore, may not adequately deal with the issues faced by children with disabilities. The Ad Hoc Committee may wish to revisit this draft Article so that it instead covers issues that affect children with disabilities, but which have not been dealt with elsewhere in the Convention. Examples could include the vulnerability of children with disabilities to sexual abuse and exploitation, of refugee children with disabilities, and of orphan children with disabilities.

 

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Draft Article 17
EDUCATION 1


1. States Parties recognise the right of all persons with disabilities to education on an equal basis with others. With a view to achieving this right progressively and on the basis of equal opportunity, the education of children2 and adults with disabilities shall be directed to:3


(a) the full development of the human potential and sense of dignity and self worth, and the strengthening of respect for human rights, fundamental freedoms and human diversity;


(b) enabling all persons with disabilities to participate effectively in a free society;


(c) the development of the person’s personality, talents, spiritual, social and mental and physical abilities to their fullest potential;


(d) take into account the best interests of the person, in particular by individualising education plans;


2. In realising this right, States Parties shall ensure:


(a) that all persons with disabilities can choose inclusive and accessible education in their own community (including access to early childhood and pre school education), but shall not be obliged to attend general schools where their needs may not be adequately met;4


(b) the provision of required support, including the specialised training of teachers,5 school counsellors and psychologists, an accessible curriculum, accessible teaching medium and technologies, alternative and augmentative communication modes, alternative learning strategies, accessible physical environment, or other reasonable accommodations to ensure the full participation of students with disabilities;


(b) that no child with disabilities is excluded from free and compulsory primary education on account of their disability.


3. States Parties shall ensure that where the general education system does not adequately meet the needs of persons with disabilities special and alternative forms of education6 should be made available. Any such special and alternative forms of education should:7


(a) reflect the same standards and objectives provided in the general education system;


(b) be provided in such a manner to allow children with disabilities to participate in the general education system to the maximum extent possible;8


(c) allow a free and informed choice between general and special systems;


(d) in no way limit the duty of States Parties to continue to strive to meet the needs of students with disabilities in the general education system.


4. States Parties shall ensure that persons with sensory disabilities have access to and may be taught using alternative modes of communication, including sign language or Braille, as appropriate, and to receive the curriculum in the appropriate mode of communication. States Parties shall take appropriate measures to ensure quality education to students with sensory disabilities by ensuring the employment of teachers who are competent in sign language, Braille or other appropriate modes of communication.9


5. States Parties shall ensure that persons with disabilities have access to general tertiary education, vocational training, adult education and lifelong learning on an equal basis with others.

Footnotes:

1. The Ad Hoc Committee may wish to consider whether this draft Article should cover training more extensively, drawing together the provisions on training in other Articles.

2. The Ad Hoc Committee may wish to consider whether the focus of the chapeau should be solely on ‘children’, since other provisions of this draft Article refer to ‘persons’ with disabilities.

3. Paragraph 1 of this draft Article draws on Article 13(1) of the Covenant on Economic, Social and Cultural rights and Article 29(1) of the Convention on the Rights of the Child. It does not quote those sources in full, but rather selects those elements that have particular relevance to persons with disabilities. The Ad Hoc Committee may wish to give further consideration to this approach.

4. The intent of this draft Article is to provide the right to choose inclusive and accessible education. There is no intention to create an obligation on students with disabilities to attend general schools where their needs may not be adequately met. The Ad Hoc Committee may wish to consider whether the wording of this paragraph is sufficiently clear.

5. The Ad Hoc Committee may wish to consider whether this draft Article should also include the employment of teachers with disabilities in the general education system (see, for example, Article 10(d) of the Indian draft convention), the removal of legislative barriers to persons with disabilities becoming teachers, and raising awareness among teachers of the needs of children with disabilities.

6. The term ‘learning’ does not have the same meaning as the term ‘education’. The Ad Hoc Committee may wish to consider which is the most appropriate word. An alternative word in this paragraph could be ‘provision’.

7. While members of the Working Group considered that choice was an important element of this paragraph, some members considered that the right to education was more important. Other members would have liked greater emphasis on the interests of the child in this choice.

Different approaches were also identified to setting out the relationship between the provision of specialist education services and the general education system. Some members considered that education of children with disabilities in the general education system should be the rule, and the provision of specialist education services the exception. Others thought that specialist education services should be provided not only where the general education system is inadequate, but should rather be made available at all times without a presumption that one approach is more desirable than the other. Some members of the Working Group, for example, highlighted the need for deaf and blind children to be allowed to be educated in their own groups. If the latter approach is taken, the Working Group considered that there should still be an explicit obligation on the state to make the general education system accessible to students with disabilities, without limiting the individual’s ability to choose either the general system or the specialist services.

8. The intention of this sub-paragraph is to ensure that the general education system and specialist education services are not mutually exclusive options, and that there is a range of options in between that are available.

9. Some members of the Working Group preferred to keep this paragraph specific to children with sensory disabilities to allow, for example, deaf children to be taught in sign language. Other members questioned whether it should be broadened to include all children who may need alternative communication modes. In either case, there was agreement that wherever sign language, Braille, or alternative communication systems are taught and used, it should be in addition to, and not instead of, the teaching of written or spoken national languages. The Ad Hoc Committee may also consider whether this issue could be addressed in draft Article 13 on freedom of expression and opinion.

 

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Draft Article 18
PARTICIPATION IN POLITICAL AND PUBLIC LIFE


States Parties recognise 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 persons 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 persons with disabilities to vote by secret ballot; and


(iii) allow, where necessary, the provision of assistance in voting to persons with disabilities by a person of their choice;


(b) actively promote a policy, legislative and administrative 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:1


(i) participate on a basis of equality in the activities and administration of political parties and civil society organisations;


(ii) form and join organisations of persons with disabilities to represent persons with disabilities at international, national, regional and local levels;


(iii) participate in all the state’s governance organs;


(iv) take all appropriate measures to ensure that persons with disabilities, without any discrimination, have the opportunity to represent their governments and to participate in the work of international organisations.

(c) to ensure that persons with disabilities and their organisations participate, on an equal basis to others, in all decision-making processes, in particular those concerning issues relating to persons with disabilities.2


(d) Enable persons with disabilities to participate in the formulation, implementation, monitoring and evaluation of plans and programmes for local, national and international development, which may affect them.

 

Footnotes:

1. 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.

2. The Ad Hoc Committee may wish to consider paragraph (c) alongside the similar provision in draft Article 4(2) of this draft, and whether both provisions are necessary. The Ad Hoc Committee may also wish to compare both paragraphs to Article 6(b) of ILO Convention 169 and Rule 14 of the Standard Rules.

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Draft Article 19
ACCESSIBILITY


1. States Parties to this Convention shall take appropriate1 measures, to the maximum extent of available resources, to identify and eliminate barriers, and to ensure accessibility for persons with disabilities to the physical2 environment, to transportation, to information and communications, including information and communications technologies, and to other services,3 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) the construction and renovation of4 buildings for public use, roads and other facilities for public use, including schools, housing, medical facilities, in door and out-door facilities and workplaces;


(b) the development and remodelling of transportation facilitiesfor public use, communications and other services, including electronic services.


2. States Parties shall also take appropriate measures to:


(a) provide or require provision in buildings and facilities for public use signage in Braille and easy to read and understand forms;


(b) provide or require provision of other forms of live assistance5 and intermediaries,6 including guides, readers and sign language interpreters, to facilitate accessibility to buildings and facilities for public use;


(c) develop, promulgate and monitor implementation of minimum national standards and guidelines for the accessibility of buildings, facilities and services open to, or for public use, in partnership with organisations of and for persons with disabilities;


(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 organisations of persons with disabilities are consulted at all stages as standards and guidelines for accessibility are being developed;


(h) provide training for all stakeholders on accessibility issues facing persons with disabilities.


Footnotes:

1. Some members of the Working Group preferred the word “progressive” in this paragraph and in the chapeau of paragraph 2. Other members were concerned with consistency with other articles of the Convention. The Ad Hoc Committee may wish to consider alternative formulations.

2. The Ad Hoc Committee may wish to consider whether the term “physical” should be used instead of “built”, which is its near synonym in this context.

3. The Ad Hoc Committee may wish to consider further the issue of attempting to list comprehensively the facilities and services covered in the chapeau to this paragraph, including whether a reference to the “communications environment” is desirable.

4. The Ad Hoc Committee may wish to consider the scope of the provisions in this draft article, in particular paragraphs 1(a) and (b), and 2(a), (b), (c) and (d). The Working Group questioned whether the concept of public buildings, facilities and services should also extend to privately owned or developed buildings, facilities and services intended for public use, and what level of obligation States Parties should place on private owners or developers to ensure access to persons with disabilities. Some members of the Working Group were of the view that privately owned or developed buildings, facilities and services should be covered by the obligations in this draft Article, but other members wished to consider the implications of this further.

5. ‘Live assistance’ includes human assistance, such as guides and readers, and animal assistance, such as guide dogs. The Ad Hoc Committee may wish to consider whether there is a more self explanatory term. The term is also used in draft Article 20(a).

6. ‘Intermediaries’ means people who do not assist but who rather act as a conduit for the transmission of information to certain groups of persons with disabilities, for example, sign language interpreters for the hearing impaired. The term is also used in draft Article 20(a).

 

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Draft Article 20
PERSONAL MOBILITY 1


States Parties to this Convention shall take effective2 measures, to the maximum extent of available resources, to ensure mobility with the greatest possible independence for persons with disabilities, including:

(a) facilitating access by persons with disabilities to high-quality mobility aids, devices, assistive technologies and forms of live assistance and intermediaries, including by making them available at affordable or subsidised cost, or where possible free of charge;


(b) promoting universal design for mobility aids, devices and assistive technologies and encouraging private entities which produce these to take into account all aspects of mobility for persons with disabilities;


(c) undertaking and promoting research, development and production of new mobility aids, devices and assistive technologies;


(d) providing training in mobility skills to persons with disabilities and to specialist staff working with persons with disabilities;


(e) ensuring that personal mobility programmes are designed in such a way that persons with disabilities using the programmes have a decisive influence on the way in which the programmes are delivered;


(f) providing information to persons with disabilities about mobility aids, devices, assistive technologies and other forms of assistance and services;


(g) promoting awareness about mobility issues for persons with disabilities.

 

Footnotes:

1. This draft Article is entitled Personal Mobility to distinguish it from the broader right to liberty of movement in Article 12(1) of the International Covenant on Civil and Political Rights. The Ad Hoc Committee may wish to consider the placement of elements of this draft Article, in particular sub-paragraphs (a), (b) and (c).

2. Some members of the Working Group preferred the word “progressive” or “appropriate”. Other members were concerned with consistency with other articles of the Convention. The Ad Hoc Committee may wish to consider alternative formulations.

 

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DRAFT ARTICLE 20 BIS
LIBERTY OF MOVEMENT


States Parties to this convention shall take effective measures to respect and ensure the rights of all persons with disabilities to liberty of movement on an equal basis with others, including by:


a. Ensuring that persons with disabilities have the right to a nationality and the right to change it, and are not deprived of their nationality arbitrarily on the basis of disability;


b. Ensuring that persons with disabilities are not deprived on the basis of disability of their ability to posses and utilize documentation of their nationality or other documentation of identification that may be needed to facilitate exercise of the right to liberty of movement;


c. Ensuring the accessibility to persons with disabilities of any processes relevant to the enjoyment of the right to liberty of movement, such as immigration proceedings, including through the removal of physical and communication barriers and the provision of reasonable accommodation;


d. Ensuring that persons with disabilities have the right to leave any country, including their own;


e. Facilitating the freedom of movement of persons with disabilities in the manner and at the time of their choice, and at affordable cost.


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Draft Article 21
RIGHT TO HEALTH 1


States Parties recognise 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 all appropriate and effective measures to ensure access2 for persons with disabilities to free or affordable 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) Ensure that health services needed by persons with disabilities specifically because of their disabilities are provided, including prevention and protection against secondary disabilities;

(c) endeavour to provide these health services as close as possible to people’s own communities;3

(d) Undertake and encourage the development of sufficient numbers of health professionals, including persons who have disabilities, covering all disciplines needed to meet the health needs of persons with disabilities, and ensure they have adequate specialised training;

(e) provide all health professionals an appropriate education and training to increase their disability-sensitive awareness and respect for the rights, dignity and needs of persons with disabilities;6

(f) ensure that a code of ethics for public and private healthcare, that 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 facilities and institutions are well monitored;

(g) ensure that health services provided to persons with disabilities, and the sharing of their personal health information,7 occur only after the person concerned has given their free and informed consent,8 and that health professionals inform persons with disabilities of their relevant rights;9

(h) prevent unwanted medical and related interventions and corrective surgeries from being imposed on persons with disabilities;10

(i) protect the privacy of health information of persons with disabilities on an equal basis;11

(j) promote the involvement of persons with disabilities and their organizations in the formulating of health legislation and policy as well as in the planning, delivery and evaluation of health services.12

 

Footnotes:

1. Some members of the Working Group considered that grouping ‘rehabilitation’ with ‘health’ was inappropriate, and that it would be better dealt with in a separate article, because ‘rehabilitation’ includes more than ‘medical rehabilitation’, and should not be ‘medicalised’. Rehabilitation includes medical, physical, occupational, communication and psycho-social services as well as training in everyday skills and mobility. The term ‘rehabilitation’ as used here includes those processes sometimes called ‘habilitation’ (the gaining of skills that people have not previously had, rather than the re gaining of skills lost). The Ad Hoc Committee may wish to include an explanation of this nature in draft Article 3 on definitions. Rehabilitation for the purposes of work and education may be best covered in the relevant draft Articles on work and education.

2. Some Working Group members suggested affordability, and access to health insurance by persons with disabilities without discrimination on the basis of disability, should be addressed in the Convention.

3. There was general agreement in the Working Group that, as far as possible, health care and rehabilitation services should be decentralised, taking into account the degree of specialisation. Some members of the Working Group also suggested that community based rehabilitation programmes should be ensured, including the working in partnership with local communities and families to continue rehabilitation.

6. Part of the intent of this paragraph is to ensure that health and rehabilitation professionals providing services to persons with disabilities understand the on-going effect disabilities have on a person’s life, as opposed to more immediate medical considerations.

7. Privacy issues have been also addressed in draft Article 14 on the right to privacy.

8. Free and informed consent has wider application in this draft Convention than this paragraph alone. The Ad Hoc Committee may wish to consider whether the following wording be included in this sub-paragraph or broadened to become a definition in draft Article 3.

“Informed decisions can be made only with knowledge of the purpose and nature, the consequences, and the risks of the treatment and rehabilitation supplied in plain language and other accessible formats”.

9. Some members of the Working Group considered that the paragraph should spell out the rights.

10. Some members of the Working Group also considered that forced medical intervention and forced institutionalisation should be permitted in accordance with appropriate legal procedures and safeguards (see also draft Article 11).

11. Some members of the Working Group suggested that this sub paragraph was redundant and should be deleted.

12. The involvement of persons with disabilities in formulating legislation and policy, as well as in the planning, delivery and evaluation of services, has wider applicability than this draft Article. Some members of the Working Group suggested that it should be covered under draft Article 4 on general obligations.

 

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DRAFT ARTICLE 21 BIS
RIGHT TO REHABILITATION


States Parties recognize that persons with disabilities have the right to rehabilitation and habilitation. States Parties shall ensure no person with a disability is deprived of the right, and shall take all appropriate measures to ensure access for persons with disabilities to free or affordable rehabilitation and habilitation services. In particular, states parties shall:


a. ensure the provision of quality rehabilitation and habilitation services and information about such services, and where possible and appropriate, the said services shall be availed as close as possible to peoples own community;


b. ensure that rehabilitation and habilitation services include the provision of safe respite places, to use on a voluntary basis, counselling and support groups, including peer support;


c. undertake and encourage the provision of research and the development, dissemination and application of new technologies relating to rehabilitation and habilitation that benefit persons with disabilities;


d. ensure the development of sufficient numbers of rehabilitation and habilitation professionals, including persons with disabilities covering all disciplines needed to meet the rehabilitation and habilitation needs of persons with disabilities, and ensure they have adequate specialized training ;


e. ensure provision of appropriate education and training of all rehabilitation and habilitation professionals to increase their disability-sensitive awareness and respect for the rights, dignity and needs of persons with disabilities;


f. ensure that rehabilitation and habilitation services respect the human rights of persons with disabilities and that professionals in that area are aware of , and respect the rights and dignity of persons with disabilities; and


g. Ensure involvement of organizations of persons with disabilities in the formulation of rehabilitation and habilitation legislation and policy as well as in the monitoring and evaluation of rehabilitation services.



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Draft Article 22
RIGHT TO WORK
1, 2, 3

States Parties recognise the right of persons with disabilities to work on an equal basis with others, which includes the opportunity to gain a living by work that they freely choose or accept, with a view to promoting equal opportunity and treatment of persons with disabilities, and protecting them from poverty. States Parties shall take appropriate steps to safeguard and promote the realisation of this right, including measures to:

(a) promote a labour market and work environment that are open, inclusive, and accessible to all persons with disabilities;4

(b) enable persons with disabilities to have effective access to general technical and vocational guidance programs, placement services, assistive devices, and vocational and continuing training;

(c) promote5 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 assistance in finding, obtaining and maintaining employment;

(d) encourage employers6 to hire persons with disabilities, such as through affirmative action programs, incentives and quotas;7

(e) ensure the reasonable accommodation of persons with disabilities in the workplace and work environment;8

(f) promote the acquisition by persons with disabilities of work experience in the open labour market;

(g) promote vocational and professional rehabilitation, job retention and return to work programs;

(h) protect9 through legislation persons with disabilities with regard to employment, continuance of employment, career advancement, working conditions, including equal remuneration for work of equal value and equal opportunities, and the redressing of grievances,10 and to ensure persons with disabilities are able to exercise their labour and trade union rights;

(i) ensure that persons with disabilities have equal opportunity to employment in the public sector;

(j) promote recognition11 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;
(k) Promote employment of persons with disabilities in the informal sector through the creation of an enabling environment and the provision of incentives and necessary support services, including training and preferential access to credit.


Footnotes:

1. The Ad Hoc Committee may wish to consider the potential role of the International Labour Organisation in implementing and monitoring the right to work under this Convention.

2. Some members of the Working Group raised the issue of a need to address the special circumstances of women with disabilities in fulfilling this right.

3. The Ad Hoc Committee may wish to consider whether broad terms in which this draft Article is expressed is consistent with the detailed provisions of other articles of the draft Convention. The Committee may also wish to consider in this context whether further thought should be given to elaborating provisions for the training of persons with disabilities.

4. The Ad Hoc Committee may wish to consider whether to spell out the meaning of this provision in practice and the further definition of the term ‘inclusive’ in this context. In this context, too, the Committee may wish to consider whether transportation to the workplace for persons with disabilities is covered under the provision of access to the workplace under draft Article 19.

5. The Ad Hoc Committee may wish to consider the addition of the phrase ‘pursue active labour market policies’, at the beginning of this sub-paragraph.

6. The Ad Hoc Committee may wish to consider the appropriateness of specifying the particular responsibility of governments as employers in this context.

7. The Ad Hoc Committee may wish to consider the appropriateness of specifically mentioning quotas as a possible measure in this draft Article.

8. Some members of the Working Group emphasised the particular importance of the obligation to make reasonable accommodation in the employment context, and considered that a more detailed paragraph on reasonable accommodation should be elaborated under the right to work, in addition to any draft article on reasonable accommodation elsewhere in the Convention.

9. The Ad Hoc Committee may wish to consider this formulation to take into account protection of persons with disabilities from disguised discrimination in the workplace, such as, stipulating unnecessary qualifications that have the effect of excluding persons with disabilities from employment.

10. The Ad Hoc Committee may wish to consider whether the listing of working conditions here may be inadvertently limiting.

11. The Ad Hoc Committee may wish to expand on the idea of recognition to encompass the formal recognition of the skills of persons with disabilities.

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Draft Article 23
SOCIAL SUPPORT AND AN ADEQUATE STANDARD OF LIVING 1, 2


1. States Parties recognise the right of all persons with disabilities to socialsupport, including social insurance,3 and to the enjoyment of that right without discrimination on the basis of disability, and shall take appropriate steps to safeguard and promote the realisation of this right, including measures to:

(a) ensure access by persons with disabilities to necessary social services, technical aids, devices and other assistance for disability related needs;4

(b) ensure access by persons with disabilities, particularly women and girls with disabilities and the aged with disabilities, to social support programmes and poverty reduction strategies, and to take into account the needs and perspectives of persons with disabilities in all such programmes and strategies;

(c) ensure access by persons with severe5 and multiple disabilities, and their families to assistance from the State to cover disability related expenses (including adequate training, counselling, financial assistance and respite care), which should not become a disincentive to develop themselves;7

(d) ensure access by persons with disabilities to governmental housing programs, including through earmarking percentages of governmental housing8 for persons with disabilities;

(e) ensure access, in respect of disability, to tax exemptions or other tax benefits for equipment, assistive devices and services to the extent that such exemptions or benefits are necessary to mitigate the disability.;9

(f) ensure that persons with disabilities are able to access life and health insurance without discrimination on the basis of disability.10

2. States Parties recognise the right of all persons with disabilities to an adequate standard of living for themselves and their families, including adequate food, clothing, housing and access to clean water,11 and to the continuous improvement of living conditions, and will undertake appropriate steps to safeguard and promote the realisation of this right.


Footnotes:

1. Some members of the Working Group noted that the meaning of ‘social security’ differs widely from state to state, and that the scope of the right to an adequate standard of living is much broader that social security. The Ad Hoc Committee may wish to consider this issue further.

2. Some members of the Working Group expressed concern about the capacity of States Parties to implement these provisions. The Ad Hoc Committee may wish to consider inclusion of the concept of progressive realisation in this right if it is not addressed in a paragraph with general application elsewhere in the Convention.

3. The Ad Hoc Committee may wish to consider inclusion of the concept of ‘social assistance’.

4. Some members of the Working Group considered that this provision should be strengthened to mention explicitly technical aids to mobility, transfer, auditory or visual perception and other special devices that persons with disabilities require. The Ad Hoc Committee may wish to consider whether this issue is adequately covered in draft Article 20 on Personal Mobility.

5. Some members of the Working Group questioned the use of the word ‘severe’ on the grounds either that it was difficult to define or that it was prejudicial. The Ad Hoc Committee may wish to consider whether to omit it.

7. The Ad Hoc Committee may wish to consider whether the provisions of this sub-paragraph should apply to persons with disabilities generally.

8. The Ad Hoc Committee may wish to consider whether the phrase “including through earmarking percentages of government housing” is appropriate in the draft Convention. Some members of the Working Group expressed the view that it was too prescriptive and may limit the measures that States Parties could take to ensure access to governmental housing programmes. Some members of the Working Group also considered that non-discriminatory access to privately provided housing should also be specified.

9. Some members of the Working Group expressed the view that this sub paragraph is too prescriptive.

10. The Ad Hoc Committee may wish to consider the extent to which States Parties can determine the provision of insurance, which in many countries is typically the domain of the private sector.

11. The Ad Hoc Committee may wish to consider the reference to ‘clean water’ further. Some members of the Working Group considered that it should be deleted on the grounds that it is not a right guaranteed under the International Covenant on Economic, Social and Cultural Rights. Other members considered that the reference was critical to the treatment and prevention of disabilities, and should be strengthened to include “basic services”.

 

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Draft Article 24
PARTICIPATION IN CULTURAL LIFE, RELIGION, RECREATION, LEISURE AND SPORT 1


1. States Parties recognise the right of all persons with disabilities to take part in cultural life on an equal basis with others, and shall take all appropriate measures to ensure that persons with disabilities:

(a) have the opportunity to develop and utilise their creative, artistic and intellectual potential, not only for their own benefit, but also for the enrichment of their community;

(b) enjoy access to literature and other cultural materials in all accessible formats, including in electronic text, sign language and Braille, and in audio and multi media formats;

(c) enjoy access to television programmes, films, theatre, and other cultural activities, in all accessible formats, including captioning and sign language;

(d) enjoy access to places for cultural performances or services, such as theatres, museums, cinemas, libraries and the hospitality industry, and, as far as possible, enjoy access to monuments and sites of national cultural importance;

2. States Parties shall take all appropriate steps to ensure that laws protecting intellectual property rights do not constitute an unreasonable or discriminatory barrier to access by persons with disabilities to cultural materials, while respecting the provisions of international law.

3. Persons who are deaf or persons with disability-specific social or cultural values shall be entitled, on an equal basis with others, to recognition and support of their specific cultural, linguistic or any other identity.2

(3) Bis. States parties recognize the fundamental right of persons with disabilities to
Practice a religion of their choice and shall take all appropriate measures to ensure that persons with disabilities:

a) Enjoy the opportunity to develop their spirituality and practice their faith;

b) Have access to houses of worship, shrines and sites of religious importance;

c) Can belong to a Community of believers and participate fully in the life of the congregation and in the rites and ceremonies that are part of worship;

d) Have access to appropriate religious education and receive instruction in the format that best suits their needs;

e) Will be protected from religious abuse, exploitation and coercion.


4. States Parties recognise the right of persons with disabilities, on an equal basis with others,3 to participate in recreational, leisure and sporting activities and shall take appropriate measures to:

(a) encourage and promote the participation, to the fullest extent possible, of persons with disabilities in sporting activities, either through mainstream or their specifically-organised sporting programmes, at local, regional, national and international levels;4

(b) ensure that persons with disabilities have an opportunity to organise and participate in sporting activities and to receive the same instruction, training and resources in support that is available to other participants;

(c) ensure that persons with disabilities have access to sporting and recreational venues, and that children with disabilities have equal access to participating in sporting activities with the education system;

(d) ensure that persons with disabilities have access to services from those involved in the organisation of recreational, leisure and sporting activities.

 

Footnotes:

1. The Ad Hoc Committee may wish to consider whether and how the concept of accessibility could be expanded under this draft Article.

2. The Ad Hoc Committee may wish to consider whether this provision would be more appropriately placed under another draft article.

3. Some members of the Working Group considered that "on an equal basis with others" should be deleted from this paragraph, and that sub paragraphs (b), (c) and (d) should instead include an obligation on States Parties to remove discriminatory barriers, both environmental and societal, to the enjoyment of these rights. Other members expressed the view that "on an equal basis with others" should be retained, because sporting, recreational and leisure organisations and facilities are often within the private sector. The Ad Hoc Committee may wish to consider this issue further.

4. Some members of the Working Group emphasised the importance of mainstreaming sporting activities for persons with disabilities. Others indicated that this obligation would need to be balanced with the promotion of separate sporting activities and organisations that are tailored to the needs and abilities of persons with disabilities, as well as disabled specific sports that may not be included in mainstream sporting events. The Ad Hoc Committee may wish to consider how best to incorporate these views.


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DRAFT ARTICLE 25
MONITORING



1. States Parties shall designate a focal point at the national level to coordinate the promotion, protection and monitoring of the implementation of the rights recognised in the present Convention.


2. There shall be established a Committee on the rights and dignity of persons with disabilities (hereinafter referred to as the Committee). It shall consist of 18 members of high moral standing and recognised competence in the field of human rights and disability. The members shall be elected by states parties from among their nationals and shall serve in their personal capacities, consideration being given to equitable geographical distribution, the principle of gender parity as well as the principal legal systems.


3. The members of the Committee shall be elected by secret ballot from a list of persons nominated by states parties. Each state party may nominate one person from among its nationals.


4. The initial election of the Committee and its officials shall be held no later than six months after the date of the entry into force of the present Convention and thereafter every two years.


5. At least four months before the date of each election, the Secretary General of the United Nations shall address a letter to States Parties inviting them to submit their nominations within two months. The Secretary General shall then prepare a list in alphabetical order of all persons thus nominated, indicating States Parties which have nominated them; the list shall be submitted to the states parties to this Convention.


6. Elections of the members of the committee shall be held at a meeting of State parties to the present Convention convened by the Secretary General at the Headquarters of the United Nations. Members of the Committee shall be those nominees who obtain the largest number of votes of representatives of States parties present and voting.


7. The Committee may not include more than one national of the same State.


8. The Members of the Committee shall be elected for a term of four years. They shall be eligible for re-election if re-nominated. However the term of nine of the members elected at the first election shall expire at the end of two years. The names of these nine members shall be chosen by lot by the chairman of the meeting of the election of the first Committee members.


9. At the expiry of office, elections shall be held in accordance with the preceding paragraphs of this article.


10. If in the unanimous opinion of the other members, a member of the Committee has ceased to carry out his/her functions for any cause other than absence of a temporary character, the chairman of the Committee shall notify the Secretary General of the United Nations, who shall then declare the seat of that member to be vacant.


11. In the event of death of or the resignation of a member of the Committee, the Chairman shall immediately notify the Secretary General of the United Nations, who shall declare the seat vacant from the date of death or the date on which the resignation takes effect.
12. When a vacancy is declared and if the term of office of the member to be replaced does not expire within six months of the declaration of the vacancy, the Secretary General of the United Nations shall notify each of the State parties to the present Convention, which may within two months submit nominations for the purpose of filling the vacancy. The election of the new member shall be in accordance with the procedures set out in this article.


13. A member of the Committee elected to fill a vacancy declared in accordance with paragraph 12 shall hold office for the remainder of the term of the member who vacated the seat on the committee under the provisions of that paragraph.


14. The members of the Committee shall, with the approval of the General Assembly of the United Nations, receive emoluments from United Nations resources on such terms and conditions as the general Assembly may decide, having regard to the importance of the committee’s responsibilities.


15. The Secretary General of the United Nations shall provide the necessary staff and facilities for the effective performance of the functions of the Committee.


16. The Secretary General of the United Nations shall convene the first meeting of the Committee at the Head quarters of the United Nations.


17. After its initial meeting the Committee shall meet at such times as shall be provided in its rules of procedure.


18. The Committee shall normally meet at the Headquarters of the United Nations or at the United Nations’ office at Geneva.


19. Every member of the Committee shall before taking up his/her duties make a solemn declaration in open Committee that he or she will perform his or her functions impartially and conscientiously.


20. The Committee shall establish its own rules of procedure. The decisions of Committee shall be made by a majority vote of the members present.


21. States parties to the present Convention undertake to submit reports to the Committee on the measures they have adopted which give full effect to the enjoyment of human rights by persons with disabilities and the progress they have made in the implementation of the provisions of this convention:


a) Within two years of entry into force of the present Convention of the parties concerned;


b) Thereafter every five years.


22. All reports shall be submitted to the secretary- general of the United Nations, who shall transmit them to the Committee for consideration. The reports shall indicate the factors and difficulties, if any, affecting the implementation of the present Convention. The report shall also contain sufficient information to provide the committee with a comprehensive understanding of the implementation of the Convention in the country concerned.


23. The Committee shall study the reports submitted by the States parties to the present Convention. The Committee may request from states parties further information, which is relevant to the implementation of the convention.


24. The committee may make suggestions and general recommendations based on information received by States parties. It shall transmit its recommendations and such general Comments as it may consider appropriate together with comments, if any, from States Parties to the General Assembly and the concerned States parties.


25. The committee may also transmit to the Economic and Social Council and other relevant United Nations bodies and agencies these comments along with the copies of the reports it has received from the States parties.


26. States parties shall make their reports and the reports and recommendations of the Committee widely available to the public in their own countries.


27 The Committee shall besides the report from the states parties, also consider information and reports by organizations of persons with disabilities or by individual persons with disabilities or by persons representing persons with disabilities who are not able to represent themselves.


28 Where a communication is submitted on behalf of individuals or groups of individuals, who cannot independently exercise their rights, this shall be with their consent and the group or individual shall certify that someone else is acting on their behalf.


29 The Committee shall receive individual and group complaints and adopt appropriate inquiry procedures.


 

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Article 24:

replace 4(b) with:

Ensure that persons with disabilities have an opportunity to organize, develop, and participate in disability-specific recreational, leisure and sporting activities and to receive necessary and appropriate instruction, training and resources available to other participants.

seprate 4(c) into two clauses:

Ensure that persons with disabilities have full access to transportation, accomodations, and venues, for recreation, leisure and sport activities, including tourist attractions.

Then 4(cbis) would be:

Ensure that children with disabilities have equal access to participating in play, recreation, leisure and sporting activities, including those in the school system.

Propose 4(e):

Develop and promote the international exchange of recreation, leisure and sport related technologies and goods for persons with disabilities.


 

 


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