Daily Summary related to Draft Article 9
EQUAL RECOGNITION AS A PERSON BEFORE THE LAW
Prepared by Landmine Survivors Network

Volume 3, #8
January 14, 2004

Morning Session
Commenced: 10:19 AM
Adjourned: 1:03 PM

EQUAL RECOGNITION AS A PERSON BEFORE THE LAW

The Text Proposed by the Coordinator had the following explanatory note: “there was broad agreement in the WG during the discussion of Article 20 of the Chair’s draft text on the right to own property that this was part of the right of equality before the law. On the suggestion of the WG this Article on equality before the law was amended to include a more specific reference to the right to own property.”

WNUSP endorsed this article.

Sweden acknowledged that the EU text had not adequately dealt with the issue of legal capacity, and that there is a need to address additional safeguards, for example, an appeals process whereby a PWD who may lose legal capacity completely can challenge this in courts. Terminology in paragraphs 4 and 5 needs to be improved to avoid any indication of a separate right to assistance though.

WFDB supported this article. Deafblind people need a lot of assistance in handling their financial affairs, especially given that most of the coins and notes of the world are “absolutely inaccessible.”

The OHCHR highlighted CEDAW Article 13 whereby states parties are obliged to eliminate discrimination in order to ensure on a basis of equality “the right to bankloans, mortgages other forms of financial credit.”

Ireland agreed with Sweden that the question of full legal capacity will need to be revisited at length in the AHC; the implications of paragraph 2 are not clear. Paragraph 4 may be too detailed, and in view of evolving technology, may become outdated. No one has the automatic right to secure a bankloan or mortgage except on an equal basis with others and without discrimination, and this should be specified in the language of this article.

Jamaica asked if this clause would address the situation of a blind person who wanted to be a witness in a court of law.

Canada acknowledged the complexity of this article, possibly raising conflict of laws issues, and dealing with scenarios where there is a need for substitution for the PWD concerned. There is no right to assistance per se, but the language could be rephrased so that “an access to assistance” is recognised. There is a need for generalization in Para 4 as noted by Ireland. Para 5 should be amended to “take all … measures to ensure equal access of PWD to own ..” This reflects the notion of “equal chance.”

Inclusion International supported this article, and Canada’s position. This article was developing new concepts as they applied to PWD. As Sweden recognized, it was necessary to have legal safeguards, the AHC should deal with this question further, keeping in mind that it should apply to both civil and criminal laws.

Venezuela noted that Para 1 phraseology of equality of rights needs to be revised. An equivalent to Article 20 (2) of the Chair’s proposed text was needed. The rights of women should be recognized.

WBU objected to Para 4 language that excluded blind people by specifying the need for signing documents and cited examples of countries that discriminate against blind people in this fashion. As Jamaica had indicated, blind people are also not allowed to be witnesses in courts.

Thailand asked for clarification that if people without disabilities have rights with regard to bankloans etc then would PWD have the same rights.

Serbia-Montenegro echoed the concerns of Ireland, Sweden, Canada regarding Para 2, highlighting again the fact that “legal capacity” is dealt with in national jurisdictions in different ways. Further elaboration of this issue from the AHC would be required to ensure that many countries would sign. PWD deserve assistance to exercise their rights, as in Para 4. However there is a need to be conscious of how people with sensory disabilities are often excluded in such situations, and technological developments.

Lebanon approved the inclusion of a reference to the alternative ways of submitting signatures and called on the WG to present as clear a text as possible to the AHC.

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