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Working Group : Compilation of ElementsDPI JAPANESE ASSEMBLY
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(1) In Japan, there is no comprehensive legislation prohibiting discrimination
In Japan, persons with disabilities experience discrimination and abuse in nearly every domain.. Unfortunately, the Japanese legislation does not provide them with adequate protection. The actual Japanese Basic Law for Persons with Disabilities does neither contain provisions giving specific rights to persons with disabilities nor set obligations upon public administration services. Furthermore, ‘discrimination’ is neither defined nor prohibited.
(2) Actions taken on the basis of existing conventions and their limits
On the basis of existing international conventions, DPI Japanese
Assembly has submitted a counter-report to ‘Government Report on the
International Covenant on Civil and Political Rights’ and ‘Government
Report the International Covenant on Economic, Social and Cultural
Rights’. Consequently, the Japanese Government has been recommended to
enact a comprehensive legislation prohibiting all forms of
discrimination. Though, this recommendation has not sufficed to improve
the Japanese situation. This clearly shows that existing conventions
have limits.
(1) Persons with disabilities are said to be as many as 600 millions
throughout the world. In economically developed countries as well as in
developing countries, these persons have been excluded from the social
system of their respective country. As a consequence, they are
experiencing discrimination in political, economical and social spheres,
and endure a living culturally and economically inferior to standards to
which their non-disabled compatriots are entitled.
Though, countries where discrimination against persons with disabilities
is prohibited, and where domestic law provides for a social protection
enabling persons with disabilities to autonomy, are rare, and even in
such countries, national legislation are hardly effective.
(2) Given the present world situation, the only way to solve
disability-related problems, is to elaborate a convention that, firstly,
prohibits all forms of discrimination against persons with disabilities,
so as to eradicate discrimination itself, and secondly, sets an
obligation for State Parties to take social measures providing access to
national living standards, so as to guarantee persons with disabilities
with a normalized life. This convention shall be ratified by the State
Parties. Despite some parts of existing conventions already prohibit
discrimination against persons with disabilities, these have not been
specifically designed for persons with disabilities, and further more,
they provide only for a partial protection. There is therefore a need
for a comprehensive convention that is specific to disability-related
problems.
(3) Consequently, the Convention shall provide for, firstly, civil and
political rights of persons with disabilities which are the consequences
of the prohibition of discrimination against them (the human rights
part), and secondly, a social protection scheme to guarantee the
exercise of civil and political rights of persons with disabilities, and
which shall be applied through the social measures to be taken by State
Parties (the social rights part).
As to the implementation of this second part of the Convention
concerning social protection, the Convention shall determine the social
protection policy needed, and sets its minimum standards. In addition,
it is absolutely necessary that the Convention makes sure that social
protection policies do not violate the civil rights of persons with
disabilities, and provides for that the living conditions of persons
with disabilities within their respective local communities shall be
determined according to their particular needs.
(4) Synergy between human rights and social welfare
Arguably, human rights cannot be promoted, unless social protection
improves. However, what is pointed out here is that, because of their
disabilities, persons with disabilities are not given access to existing
social opportunities, system, resources and wealth. To put it in other
words, the challenge which is faced here is how to distribute existing
assets equitably.
Since the end of World War II, social security or protection has been
one of main concerns in Japanese society, and the government has gained
higher budget priority. As a result, pensions, to take an example, are
now at an honorable level even if compared to the rest of the world. On
the other hand, segregation, or the policy of setting persons with
disabilities apart in certain institutions exclusive for them has been
firmly established. personspersonsBy now, there are 600 000 persons with
disabilities locked in centers, while those living outside endure
restless discrimination and abuse as they try to live as members of
their respective local community. This is the direct consequence of a
social policy not based on human rights.
This is why the Convention shall be two-fold. The core of the Convention
shall be the prohibition of all forms of discrimination against persons
with disabilities, and the civil and political rights that derives from
this prohibition, but the Convention shall also provides for an
obligation to protect social rights so as to promote these civil and
political rights. Naturally, given the large disparities observed among
countries, international cooperation concerning social development will
be necessary.
Part I General Provisions
Article 1 Purposes of the Convention
(1) The Convention aims at, the abolition of all forms of discrimination
against persons with disabilities in civil, economical, political,
cultural domains.
(2) To that end, the Convention shall focus on persons with
disabilities, classify in detail their civil, political, economical, and
cultural rights, clarify the contents of each of these rights, and
guarantee them.
(3) The Convention shall make blatantly clear the obligations to be
implemented by the society, so as to integrate persons with disabilities
within it.
(4) Respecting the right to development, international cooperation shall
be promoted in order to achieve the purposes of this Convention.
Article 2 Definition of ‘disability’
For the purposes of this Convention, ‘disability’ shall mean any difficulty experienced, due to a social environment requiring some degree of ability and specific skills, without taking into account individual particularities related to, inter alia, injury or sickness.
Article 3 Definition of ‘persons with disabilities’
(1) For the purposes of this Convention, ‘persons with disabilities’
shall mean persons who are in such a situation, that they experience, or
might experience, difficulties in living, due to a long-term, temporary
or future disabilities. ‘Person with disabilities’ shall mean people
in such a situation that they are disadvantaged if compared to persons
without disabilities, unless the environment undergoes adaptation
measures to their disabilities.
(2) For the purposes of this Convention, ‘persons with disabilities’
shall mean persons having in the past experienced a ‘disability’ as
defined at paragraph 1, or considered as experiencing a ‘disability’.
Article 4 Definition of ‘discrimination against persons with disabilities’
(1) For the purposes of this Convention, ‘discrimination against
persons with disabilities’ shall mean situations, in a political,
economical, social, cultural or any other context related to living
conditions, and in which, persons’ right to equal access to social
life is either denied or limited, because of their physical or
psychological particularities.
(2) ‘Unintentional discrimination’ is considered as ‘discrimination’
as defined in alinea 1.
For the purposes of this Convention, ‘unintentional discrimination’
shall mean situations in which, due to ignorance, incomprehension or
prejudice against persons with disabilities, administrative services,
public or private association, or individual denies actual violations of
the rights of persons with disabilities, or, in which the specific needs
related to a disability is not given adequate consideration, and as
result persons with disabilities are disadvantaged or suffers
ill-treatment.
Article 5 Definition of ‘ill-treatment’
Are constitutive of an ‘ill-treatment’, abuse, neglect and economic
exploitation. Abuse includes physical, sexual and psychological abuse.
Neglect includes care-neglect and medical neglect.
(1) For the purposes of the Convention, ‘physical abuse’ shall mean
use of material force, injury or confinement.
(2) For the purposes of the Convention, ‘sexual abuse’ shall mean
any sexual contact or behaviour either against the will of a capable
person, or towards an uncapable person, regardless of its will.
(3) For the purposes of the Convention, ‘psychological abuse’ shall
mean all behaviour that does not match to alinea 1 and 2 and such as
teasing, oppressive, insulting or any such behaviour.
(4) For the purposes of the Convention, ‘care-neglect’ shall mean
failure by the person who is in charge, according to a legislation, a
contract or an administrative measure, of the care of a person with
disabilities, to provide that person with the care needed by any person
with disabilities or by him as an individual case.
(5) For the purposes of the Convention, ‘medical neglect’ shall mean
failure by the person who is in charge, according to a legislation, a
contract or an administrative measure, of the medical care of a person
with disabilities, to provide adequate medical treatment or opportunity
of such a treatment to that person.
(6) Economic exploitation
For the purposes of the Convention, ‘economic exploitation’ shall
mean either, use, acquisition or release of the assets of a person with
disabilities for purposes other than its well-being; non payment of the
salary of a person with disabilities for its effective work; or
enforcing an person with disabilities to accomplish tasks that are not
assumed by any legal contract.
Article 6 Protection of the right to self-determination
Persons with disabilities have the right to be provided with the appropriate information, to make choices and to take decisions of their own – unless specific procedures are set by law - concerning their own living. Persons with disabilities have the right not to be subject to any interference, whether at their advantage or disadvantage.
Article 7 Rights concerning language and characters
(1) Sign language is an independent language and, as such, shall be
recognized as one equal to phonetic languages.
(2) Persons with hearing-impairment have the right to make use of sign
language whenever they feel it necessary
(3) Braille shall be recognized as one form of writing.
(4) Persons with visual disabilities have the right to make use of
Braille.
Part II Civil freedoms of persons with disabilities
Chapter 1 Freedom from discrimination
Persons with disabilities shall be free of all forms of discrimination
Section 1 Local community life
1.Right to local community life
Persons with disabilities, whatever the kind and the degree of their disabilities, have the right to live within their local community without being discriminated.
2.Prohibition of discrimination related to community life
Discrimination of persons with disabilities concerning their right to
(local) community life, must be understood as any situation in which
persons with disabilities are given a treatment different from the one
given to persons without disabilities, and is prohibited. The following
situations shall particularly be considered as such discrimination.
(1) To force a person with disabilities, against its will, to live in a
home for persons with disabilities.
(2) To refuse tenants with disabilities in public or private residences,
on the ground of their disabilities.
(3) To refuse participants with disabilities in social activities, on
the ground of their disabilities.
(4) To restrict the right of persons with disabilities to date, to
marriage, to childbirth and or to child care, on the ground of their
disabilities.
(5) To restrict and or deny the right of persons with disabilities as
parents.
Section 2 Movement
1. Right to freedom of movement
Persons with disabilities, regardless of the nature and the seriousness of their disabilities, have equal rights to freedom of movement as people without disabilities.
2. Prohibition of discrimination related to movement
‘Discrimination related to movement’ shall mean situations in which
persons with disabilities are treated differently from persons without
disabilities, and is prohibited. The following situations shall
particularly be considered as such discrimination.
(1) Design, architecture, and or operations that interfere with the free
movement and or access of persons with disabilities to the facilities
listed below,
- roads and pavement,
- public transportation facilities such as train stations, bus
terminals, airports, harbours, railways, buses, taxis, aircraft,
shipping.
(2) Restrictions upon and denial of free movement and access of persons
with disabilities to transport facilities, on the ground of their
disabilities.
(3) Organization of transportation paths and devices for persons with
disabilities, against their will.
Section 3 Housing and access to buildings
1. Rights as to housing and access to buildings
Persons with disabilities, regardless of the nature and the seriousness of their disabilities, have equal rights as persons without disabilities in use and residence of housing and buildings without suffering discrimination based on their disabilities. For the purposes of the Convention, ‘buildings’ shall mean any building, whether public or private.
2. Prohibition of discrimination as to housing and access to buildings
‘Discrimination against persons with disabilities as to housing and
access to buildings’ shall mean situations in which persons with
disabilities, regardless of their identity or their number, experience
differential treatment compared to persons without disabilities, and
shall be prohibited. For the purposes of the Convention, ‘differential
treatment’ shall mean the following situations.
(1) Restriction or refusal of rent, sale, use and, or residence to
persons with disabilities, on the ground of their disabilities.
(2) Organization of particular paths and devices for their use by
persons with disabilities. When the building is located within a larger
propriety, this shall apply to passages located within the propriety
that connect the building to the external environment,.
Section 4 Use and Access to Goods and Services
1. Right to Use and Access to Goods and Services
Persons with disabilities, regardless of the nature and the seriousness of their disabilities, have equal rights as persons without disabilities to use and access to any goods, services and programs, such as commercial products, public installations and facilities, advantages, commercial and service trade, and shall not be discriminated on the ground of their disabilities.
2. Prohibition of Discrimination as to Use and Access to Goods and Services
For the purposes of the Convention, ‘discrimination against persons
with disabilities as to use and access to goods and services’ shall
mean situations in which persons with disabilities, regardless of their
identity or their number, experience differential treatment compared to
persons without disabilities, and shall be prohibited.
For the purposes of the Convention, ‘differential treatment’ shall
mean such situations as follows.
(1) Restrictions or denial of use and access to goods and services, on
the ground of their disabilities.
(2) Specific conditions of use and access against the will of persons
with disabilities, and the limitation on relevant and diverse experience (?).
(3) Restrictions or denial of use and access to services and programs,
on the ground of their
disabilities and the limitations on the relevant and diverse experience (may duplicate (1) ?).
Section 5 Information and Communication
1. Rights to Information and Communication
(1) Persons with disabilities have the right to use and access by all
means to all kinds of information, and the right to express.
(2) Persons with disabilities, have the right to require State parties
and local governments to take measures to guarantee their rights to use
the devices listed at Part I General Provisions, article 7.
2. Prohibition of Discrimination as to the Rights to Information and Communication
Any attempt to restrict the rights of persons with disabilities mentioned at paragraph 1 alinea 1 and 2 on the ground of their disabilities, or any negligence to guarantee these rights shall be considered as discrimination against persons with disabilities as to these rights, and is prohibited.
Section 6 Education
1. Right to Education
(1) Persons with disabilities, at every stage of their life, have the
right to be integrated to the education of the persons without
disabilities of their age. Notwithstanding, children with hearing
impairment have the right to receive education in group through sign
language.
(2) Persons with disabilities, at every stage of their life, have the
right to individual support in receiving education as described at
alinea 1.
(3) Persons with disabilities and their representatives have the right
to take part in the designing of, to receive information on and to make
opposition to their individual support program.
2. Prohibition of Discrimination in Education
For the purposes of the Convention, ‘discrimination against persons
with disabilities as to education’ shall mean such situations as
follows.
(1) Educational policies that, as a general rule, do not provide persons
with disabilities with the opportunity to receive an education
integrated to that of persons without disabilities.
(2) Educational policies as described in alinea (1) that do not provide
for education through sign language in schools designed for children
with hearing-impairment.
(3) Educational policies as described in alinea (1) that do not provide
for the necessary individual support to persons with disabilities.
(4) Shortage of information about the facilities and the support needed
to receive the education demanded for by persons with disabilities and
their representatives.
Section 7 Work
1. Right to Work
(1) Persons with disabilities have the right to work in any domains
within the society, and shall not endure any discriminatory
treatment.
(2) Persons with disabilities have the right to be provided for the
support necessary to its engagement and to the sustainability of their
job, such as adjustments in the working environment and human
assistance.
2. Prohibition of Discrimination as to Employment
For the purposes of the Convention, ‘discrimination against persons
with disabilities as to work’ shall mean situations as follows, and
shall be prohibited.
(1) A refusal of appointment or a dismissal of a person with
disabilities, on the grounds of its disabilities.
(2) Disadvantageous treatment of persons with disabilities, regarding
working conditions or environment, such as employment, salary, and
promotion, on the sole ground of their disabilities,
(3) Non-revision of discriminatory provisions that are obstacles to the
employment of persons with disabilities, such as provisions limiting
access to specific qualifications or providing for the non-application
of minimum on the ground of disabilities.
(4) Lack of public services necessary for persons with disabilities to
choose a vocation that corresponds to their wishes and needs, such as
job assistance facilities and support to maintain their job.
8. Medical Treatment and Rehabilitation
1. Right to Medical Treatment and Rehabilitation
(1) Persons with disabilities have the right to receive medical
treatment and rehabilitation (hereafter stated as “medical treatment”)
that they wish to receive in order to maintain their mental and physical
conditions in accordance with their own will and to achieve their
desired daily life and participation in the society.
(2) To have the right to refuse unwanted medical treatment.
2. Prohibition against Discrimination of Medical Treatment
For the purposes of the convention, discrimination against persons with
disabilities shall mean situations as follows, and shall be prohibited.
(1) The denial of the existence of persons with disabilities, and give
wrongful medical treatment that would harm the dignity as an individual,
and placement into an isolated environment by force under the name of
medical treatment.
(2) Neglect of inadequate medical environments by setting disparity from
other medical departments such as the number of medical personnel in
mental health services.
9. Birth
1. Right to Birth
(1) Persons with disabilities have the right not to be discriminated in
birth.
(2) Unborn children with any form of disabilities at pregnancy or birth
have the right to live.
2. Prohibition against Discrimination in Birth
(1) No person shall be forcibly subjected to medical treatment of
inspection with the purpose of eliminating a disability at pregnancy.
(2) No person shall abort the pregnancy of an unborn child on the basis
of a disability.
10. Sexuality
1. Right to Sexuality
Persons with disabilities, regardless of its nature and seriousness, have the right to be respected as an individual with sexuality in the same way as people without disabilities, and the right not to be restricted or forced in any romantic or sexual relationships, and the right to pregnancy and giving birth.
2. Prohibition of Discrimination against Sexuality
Discrimination regarding sexuality of persons with disabilities shall
mean situations where the rights alinea 1 are denied or experience
situations as follows.
(1) Restriction or force in sexual relationships on the ground of their
disabilities.
(2) Forced to contraception or abortion, and denied the opportunity to
give birth to a child on the ground of their disabilities.
(3) Deprivation of means of reproductive functions by carrying out
operations such as hysterectomy and sterilization on the ground of their
disabilities.
11. Political Participation
1. Right to Political Participation
Persons with disabilities, regardless of its nature and seriousness,
have the right to political participation in the same way as people
without disabilities, without any discrimination based on disabilities.
2. Prohibition against Discrimination in Political Participation
Discrimination against persons with disabilities in political
participation shall mean different treatment from people without
disabilities, regardless of the identification or the number of the
participants, and is prohibited.
Discrimination regarding political participation shall mean treatment as
follows.
(1)Restriction or loss of opportunity to cast a vote on the ground of
their disabilities.
(2)Violation of secrecy of ballot on the ground of their disabilities.
(3)Given the possibility to vote only in a special method or place
against the will of persons with disabilities based on the ground of
their disabilities.
(4) Denial of equitable provision of, or deprivation of the right to
know substantial information regarding the ballot, on the ground of
their disabilities.
(5) Virtual limitation or denial of eligibility of ballot and
accompanying political activities, on the ground of their disabilities.
(6) Limitation or denial of opportunity to state or propose as a citizen
of a member of the State Parties, on the ground of their disabilities.
(7) Limitation or rejection of employment concerning State Parties, on
the ground of their disabilities.
(8) Virtual limitation or denial of activities as an assemblyman, on the
ground of their disabilities.
(9) Denial of equitable provision of information concerning State
Parties, on the ground of their disabilities.
12. Judicial Procedure
1. Right to Judicial Procedure
Persons with disabilities, regardless of its nature and seriousness,
have the right to judicial procedures guaranteed under Constitution,
statutes and legislations of the State Parties in the same way as people
without disabilities, without any discrimination based on disabilities.
For the purposes of the Convention, guaranteed in the same way shall
mean receiving all general accommodation needed to remove any virtual
disadvantages, on the ground of their disabilities.
Persons with disabilities have the right to claim the discharge in the
duty of general accommodation should their right in alinea be violated.
2. Prohibition against Discrimination in Judicial Procedure
Discrimination against persons with disabilities in judicial procedure
shall mean that judicial institutions fail to provide general
accommodation as exemplified below, or persons with disabilities are
restricted of their inherent rights which should maintain their own
rights as exemplified below, and is prohibited.
(1) For the purposes of the convention, elements that need to be
accommodated by judicial institutions are as follows.
1) Documents that are needed for procedures and method of communication
akin to this need to be in a format that is available for use in Braille
or is transliterated.
2) Those that are in speech format need to be in a format that is
available for use by transformation into written language or translation
into sign language.
3) Those that are in image or picture format need to be in a
recognizable by sound or touch.
4) Written material need to be written in plain language and style so
that it may be understood without difficulty.
5) The structure of buildings needs to be remodeled, such that it will
not cause inconvenience for persons with disabilities.
6) Hearings, investigation, questioning with persons with disabilities
need to be carried out with a means, method and form that will take into
consideration the characteristic of the persons’ disability.
(2) Rights particular to judicial procedures for persons with
disabilities
Persons with disabilities have a particular right to use necessary
means, auxiliary apparatus, and assistants other than a legal expert in
all levels of judicial procedures, and will not be restricted under any
circumstances (including attendance. The same applies for the following)
for their use.
Chapter II Freedom from Ill Treatment
1. Persons with disabilities have the right to be free from fear of
damages to their lives, bodies, properties and spirits caused by ill
treatment (abuse, neglect, economic exploitation).
2. All forms of ill treatment against persons with disabilities shall be
prohibited.
3. Persons with disabilities have the right to claim judicial and
administrative remedies should they receive maltreatment.
Part III Social, Economic and Cultural Rights of Persons with Disabilities
1. Purposes of the Convention
State Parties shall confirm that persons with disabilities in their own
States have the right to claim measures to ensure them an
average-standard life of persons without disabilities in that state in
all of the following: social, economic, cultural and other aspects of
life.
State Parties shall confirm that the following measures shall not
violate the civil liberties or persons with disabilities described in
Part II of the treaty, and that the measures shall be actively
guaranteed to ensure an average-standard life of persons without
disabilities in their States, and shall be implemented.
Various measures taken by State Parties lie under the principle of
normalization, and shall aim for persons with disabilities to live the
same lives as persons without disabilities in the same communities.
Treatment in facilities needs to be an exceptional option.
In implementing the measures below State Parties shall consider the
particularities of the persons’ disability, and in doing so it shall
not create substantial disparity among persons with different types of
disabilities, and active measures to avoid disparity to arise for
difference in gender, age, race and cultural background.
In designing and implementing the measures below, State Parties shall
allow participation of persons with disabilities concerned at all
levels.
2. Right to income security
1. Persons with disabilities have the right to receive ample income
security to be able to lead an independent community life.
2. To that end, State Parties shall establish an income security system
such as a pension system. In implementing the income security system,
duty to support dependants shall not be considered.
3. Right to assistance security
1. Persons with disabilities have the right to receive ample assistance
security to be able to lead an independent community life.
2. To that end, State Parties shall establish an assistance security
system regarding necessary support in order to constitute and maintain
individual lives of persons with disabilities their families in their
local communities. In implementing the assistance security system, duty
to support dependants shall not be considered.
3. Facilities for admittance are not considered to be part of the
assistance security system. Admittance facilities are for temporal
emergencies, and shall only be allowed solely for extreme exceptional
occasions.
4. Right to demand measures to guarantee civil rights
1. State Parties shall implement necessary measures to guarantee each
right listed in Part II, civil freedoms of people with disabilities.
2. In the implementation of measures, State Parties shall allow
participation of persons concerned with disabilities at all levels.
5. Right to administrative law of remedies procedures
1. In such cases where the rights of persons with disabilities are
violated, State Parties shall establish a unified or specialized
organization for administrative law of remedies for persons with
disabilities that would allow for remediation in a simple, rapid and low
cost manner meeting the Paris Principles relating to the Status of the
National Human Rights Commission, and have positive correction order
rights.
2. State Parties shall allow participation of persons with disabilities
concerned at all levels of this organization.
Part IV Duty of State Parties (Domestic Cooperation)
1. In order to abolish all forms of discrimination imposed upon persons
with disabilities, State Parties have the duty to immediately implement
the rights stated in Part II (Civil freedoms of people with
disabilities) of the Convention.
To that end, after ratifying this convention, State Parties may not
enact such statutes that would have an effect such as imposing
restriction of activities on the ground of disabilities, imposing
restriction of obtaining qualifications, and imposing restriction of use
and participation. In addition, effective measures need to be taken to
amend, abolish or void current statutes in effect.
2. In order for persons with disabilities to achieve an average-standard
life of persons without disabilities in a political, economical, social
cultural or any other context related to living conditions, State
Parties shall take measures to implement these rights stated in Part III
(Social, Economic and Cultural Rights of persons with disabilities) to
the fullest extent possible within the State’s legislation and other
available methods within the State.
Furthermore, active improvement measures that are favorable with the
objectives to guarantee the rights of freedom and equality of persons
with disabilities are not regarded as discrimination during the period
which the objective is being met.
3. State Parties shall survey the status of rights regarding this
convention, examine the contents of I mplementation measures carried out
by the State Parties concerned, additionally expressing their opinions
to the State Parties concerned, and establish a domestic monitoring
committee to promote this convention.
State Parties shall allow participation of persons with disabilities
concerned at all levels of this organization.
Part V International Measures for Implementation
1. State Reporting
Within a year of being a member of the State Parties concerned, and
thereafter every five years, State Parties shall report to the
Secretary-General of the United Nations the survey report regarding
rights for persons with disabilities determined in this convention and
measures taken to implement various provisions in this convention.
2. Individual Communications
In the case where various provisions of this convention are violated,
and remediation of the concerned individual rights cannot be achieved
despite rendering available domestic remediation measures in the case
where individual rights are violated, on the part of the qualification
of the individual concerned, the afflicted party may report to the
committee dealing with the abolition of discrimination again persons
with disabilities, requesting for the facts of violation of rights and
its remediation.
Part VI International Cooperation
Taking into consideration that eighty percent of all persons with disabilities live in developing countries, in the process of examining this convention the importance of international cooperation contributing to promote and protect the dignity and rights of persons with disabilities need to be well examined. In that respect, along with the role of specialized organizations and other international organizations, the right to development need also be well considered.
To that end, State Parties pledge to ensure:
1. Propulsion of international research and development and
international exchange for support programs necessary for leading an
independent life and workshop programs to avoid abuse for persons with
disabilities in leading an independent life in the community.
2. Propulsion of international research and development and
international exchange for a barrier free system that will be easy to
access in any State.
3. Propulsion of international research and development and
international exchange regarding rights to persons with disabilities and
community-rooted rehabilitation.
4. Fostering of persons with disabilities and propulsion of
international exchange.
Part VII The Committee on the Elimination of all Forms of Discrimination against Persons with Disabilities
1. The Committee of the Elimination of all Forms of Discrimination
against Persons with Disabilities shall be established (hereafter stated
as “Committee”) with the purpose of monitoring the situations of
rights and implementation of regulations, along with its promotion in
the State Parties.
2. The Committee shall be made up of at least 18 people of high moral
repute including professionals that have specific knowledge and persons
with disabilities.
3. The members of the Committee shall be elected from nationals of the
respective State Parties, and shall carry out duties according to
qualifications. In electing the members, fair representation of
geographic location, diversity of civilization and major systematic
bodies of law need to be taken into consideration, and representation of
persons with disabilities shall not fall below a third of the total
number of Committee members
4. The Committee has the right to examine the situations of
implementation of the convention and carry out recommendations and
advise concerned State Parties based on their findings from their
examination of survey reports submitted to the Secretary-General of the
United Nations.
5. Regarding the rights determined in this convention, the Committee has
the right to receive reports from individuals or groups that are under
the jurisdiction of concerned State Parties that allege to have received
violation from a member of the State Parties, the right to examine, and
have the right to report, recommend and advise the results of their
examination to the concerned member of the State Parties.
In the case where a member of the concerned State Parties has received
recommendations and advice from the Committee, they are obligated to
report to the Committee regarding the measures taken in its response.
6. The Committee may request the presentation of all other related
information to the concerned member of the State Parties regarding any
submitted matter.
7. Regarding its activities, the Committee may cooperate with other
professional organizations and related non governmental organizations.
8. The Committee shall report its activities annually to the United
Nations through the Secretary-General of the United Nations.