UN Human Rights Treaties

United Nations A/61/PV.76
General Assembly
Sixty-first session
76th plenary meeting
Wednesday, 13 December 2006, 10 a.m.
New York
Official Records
This record contains the text of speeches delivered in English and of the interpretation of
speeches delivered in the other languages. Corrections should be submitted to the original
languages only. They should be incorporated in a copy of the record and sent under the signature
of a member of the delegation concerned to the Chief of the Verbatim Reporting Service, room
C-154A. Corrections will be issued after the end of the session in a consolidated corrigendum.
06-65707 (E)
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President: Ms. Al-Khalifa. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (Bahrain)
The meeting was called to order at 10.20 a.m.
Agenda item 67
Promotion and protection of human rights
(b) Human rights questions, including alternative
approaches for improving the effective
enjoyment of human rights and fundamental
freedoms
Final report of the Ad Hoc Committee on a
Comprehensive and Integral International
Convention on the Protection and Promotion of
the Rights and Dignity of Persons with
Disabilities (A/61/611)
Report of the Fifth Committee (A/61/623)
The President: Members will recall that at its
57th plenary meeting, on 22 November 2006, the
General Assembly decided that sub-item (b) of agenda
item 67 would also be considered directly in plenary
meeting for the sole purpose of taking action, during
the main part of the sixty-first session, on the draft
Convention on the Rights of Persons with Disabilities
that would be recommended in the report of the Ad
Hoc Committee on a Comprehensive and Integral
International Convention on the Protection and

Promotion of the Rights and Dignity of Persons with
Disabilities.
In that connection, a note by the Secretary-
General transmitting the final report of the Ad Hoc
Committee on a Comprehensive and Integral
International Convention on the Protection and
Promotion of the Rights and Dignity of Persons with
Disabilities has been circulated in document A/61/611.
The General Assembly has before it a draft
resolution recommended by the Ad Hoc Committee in
paragraph 7 of its report.
The report of the Fifth Committee on the
programme budget implications of the draft resolution
is contained in document A/61/623.
Before proceeding further, I would like to inform
members that the Braille version of the draft resolution
and the draft Convention are available at the
documentation booths, located on either side of the
back of the General Assembly Hall.
The General Assembly is about to take another
important step towards the protection and promotion of
human rights and fundamental freedoms for all. Today
we will adopt, by consensus, the landmark Convention
on the Rights of Persons with Disabilities.
I would like first to thank Don MacKay,
Chairman of the Ad Hoc Committee on a
Comprehensive and Integral International Convention
on the Protection and Promotion of the Rights and
Dignity of Persons with Disabilities, and the other
members of the Committee for their hard work and
dedication.
I would like also to thank the many nongovernmental
organizations (NGOs) and persons with
disabilities who have been deeply involved throughout
the process. Their participation is greatly appreciated.

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As of today, all Member States have committed to
promoting and protecting the human rights, freedoms
and dignity of all persons with disabilities. We have
now reached a global consensus: The disabled are
entitled to the full range of civil rights that those
without disabilities enjoy. To fully implement this
historic agreement, we also require a change in cultural
attitudes towards the disabled.
In the past, mainstream society has tended to act
out of a culture of pity, rather than embrace and
celebrate human differences. Too often, people with
disabilities have had to manage their own disability as
well as their relative invisibility to society and
policymakers. They have tended to be denied equal
access to the basic rights and fundamental freedoms
that most of us take for granted. That marginalization
has been particularly acute for women and children.
There are over 650 million disabled persons in
the world. Most live in developing countries. Today we
will send a clear message of solidarity to them. By
reaffirming the dignity of all humankind, we recognize
that all societies stand to benefit from empowering that
important community.
The disabled do not see themselves as being
limited in life by their circumstances, so neither should
we. Going forward, then, we must respect people with
disabilities as equals, exercising the same fundamental
rights under the law.
The adoption of this Convention is a great
opportunity to celebrate the emergence of the
comprehensive guidelines the world so urgently needs.
It is an opportunity to reaffirm our universal
commitment to the rights and dignity of all peoples,
without discrimination. The Convention can also
provide a much-needed impetus for wider cultural
changes in the way that the world perceives disabled
people.
I look forward to the full implementation of the
Convention by Member States, with the involvement of
all concerned parties, in particular NGOs and civil
society groups, whose energy, compassion and
willingness to work in a spirit of cooperation greatly
contributed to the final agreement.
I now give the floor to the Deputy Secretary-
General, who will deliver a message from the
Secretary-General.

The Deputy Secretary-General: I should like to
deliver this message on behalf of the Secretary-
General, who regrets that he was unable to be in this
Hall today.
We all, I think, recognize what an important event
this is — the day on which the General Assembly
adopts the Convention on the Rights of Persons with
Disabilities. Obviously, for the 650 million people
around the world living with disabilities, today
promises, we hope, to be the dawn of a new era in
which disabled people will no longer have to endure
the discriminatory practices and attitudes that have
been permitted to prevail for far too long.
This Convention is a remarkable and forwardlooking
document. While it focuses on the rights and
development of people with disabilities, it also speaks
about our societies as a whole and about the need to
enable all persons to contribute to the best of their
abilities and potential.
Throughout the ages, the treatment of people with
disabilities has brought out some of the very worst
aspects of human nature. Too often, those living with
disabilities have been seen as objects of embarrassment
and, at best, of condescending pity and charity.
Societies have even gone out of their way to ensure
that persons with disabilities are neither seen nor
heard. On paper, they may have enjoyed the same
rights as others. In real life, they have often been
relegated to the margins and denied the opportunities
that others take for granted.
It was the community of the disabled themselves
that worked tirelessly and insistently to promote this
Convention, and the United Nations, I am pleased to
say, responded. In three short years, the Convention
became a landmark several times over. It was the first
human rights treaty to be adopted in the twenty-first
century, the most rapidly negotiated human rights
treaty in the history of international law, and the first to
emerge from lobbying conducted extensively through
the Internet.
We have already learned from experience in
countries that have implemented legislation related to
disability that change comes more rapidly when laws
are in place. Once the Convention is adopted, signed
and ratified, it will have an impact on national laws
that will transform how people with disabilities can
live their lives. It will offer a way forward to ensure
that those with disabilities enjoy the same human rights

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as everyone else — in education, employment, access
to buildings and other facilities, and access to justice.
That will not happen overnight. Much work
remains to be done to produce the results that aspire
from the Convention. I urge all Governments to start
by ratifying and then implementing it without delay. Its
adoption happens to fall in the Western Christian
calendar on the day of Saint Lucy, celebrated in some
countries as the patron saint of both blindness and of
light. Let us ensure that this day marks a new dawn.
Let it usher in an age when all those living with
disabilities around the world become fully fledged
citizens of their societies.
The President: We shall now proceed to consider
the draft resolution recommended by the Ad Hoc
Committee in paragraph 7 of its report in document
A/61/611.
Before I call on speakers in explanation of vote
before the voting, may I remind delegations that
explanations of vote are limited to 10 minutes and
should be made by delegations from their seats.
Mr. Al Bayati (Iraq) (spoke in Arabic): I have the
great pleasure of participating in this meeting to adopt
the Convention on the Rights of Persons with
Disabilities. We have reached a consensus on adopting
that international legal instrument, an important
adjunct to international law, and it should be our
ongoing concern to ensure that persons with
disabilities enjoy the same rights as everyone else.
I take this opportunity, in my capacity as
Chairman of the Group of Arab States for December, to
speak to the Assembly on behalf of Algeria, Bahrain,
the Comoros, Djibouti, Egypt, Iraq, Kuwait, Lebanon,
Libya, Mauritania, Morocco, Oman, Palestine, Qatar,
Saudi Arabia, Somalia, the Sudan, Syria, Tunisia, the
United Arab Emirates and Yemen.
I also take this opportunity to stress that our
ability to join the consensus is based on our
interpretation of article 12 of the Convention, in which
we recognize the rights of persons with disabilities as
equal to those of others, that they have the right to
recognition everywhere as persons before the law, and
that they enjoy national legal capacity on an equal
basis with others in all aspects of life. That reference
was included in the Committee’s report with the note
requested by the Arab States to be distributed as an
official document at the eighth session of the

Committee. We have learned from the Secretariat that
our letter will be distributed in order to reflect our
statement on that position.
Mr. Morris (Jamaica): It is indeed a great
pleasure to be here to participate in this very historic
occasion. On behalf of the people of Jamaica, I want to
really express my profound appreciation to all who
have participated in this very historic occasion.
I do so with a great degree of pride as one who
stands also to benefit from the implementation of this
special Convention, having a disability myself, having
found myself in a very precarious position as the
Deputy Minister of Labour and Social Security in the
Government of Jamaica, and having the responsibility
for ensuring the implementation of this very important
Convention.
I want to express my profound appreciation and
convey my congratulations to those who ensured that
the Convention would reach the state at which it stands
today. I want to commend the delegation of Mexico for
its vision in ensuring that the draft resolution was
brought to the General Assembly, and also to thank
Ambassador Gallegos, who was the first designated
Chair of the Ad Hoc Committee. I recall that three
years ago, when Jamaica first started to participate in
this very special work, Ambassador Gallegos Chiriboga
said that he thought that it would take about five to six
years for the Convention to become a reality, based on
the history of conventions that have been associated
with the United Nations. Today, however, we are here
to adopt a Convention in record time. Within three
years, we have a Convention to protect the rights and
dignity of persons with disabilities.
We also want to express our profound
appreciation to Ambassador MacKay for the able way
that he presided over the various sessions after the
baton was handed to him by Ambassador Gallegos, and
to point out that, because of his style and his
competence, we have been able to accomplish so much
within such a short period. There were times when we
thought that we were going to encounter major
encumbrances, but Ambassador MacKay, because of
his style, was able to negotiate and help us reach the
point at which we find ourselves today.
Jamaica implores members of this body to ensure
that, following the deliberations that we have had over
the past three years and what we have accomplished,
we move on to the implementation phase and have the

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Convention implemented, because it will impact on the
650 million disabled persons living across the world.
We stand ready, as a nation State, to ensure that the
provisions outlined in the Convention are
implemented. As a matter of fact, we are well on our
way to ensuring that the provisions of this Convention
are fully implemented. We stand ready to cooperate
with States and civil society organizations to ensure
that the lives of persons with disabilities are improved,
not just in Jamaica or in the Caribbean, but throughout
the world.
Mr. Capelle (Marshall Islands): Thank you very
much, Madam President, for organizing this meeting
and for your very edifying statement. I would also like
to take this opportunity to thank all delegations and
non-governmental organizations that have worked hard
to get the United Nations to where we are today. In
addition, I want to particularly thank my friend and
colleague Ambassador Don MacKay for his wonderful
work in chairing the Ad Hoc Committee.
The intent of a treaty is expressed in its preamble,
and the Marshall Islands affirms that its support for the
draft convention is based on its expression of the
conviction that persons with disabilities have “inherent
dignity and worth” (A/61/611, annex I) on an equal
basis with all other persons. The Marshall Islands
understands that article 10 guarantees the “right to life”
of disabled persons from the moment of conception
and throughout their natural lives until natural death.
The Marshall Islands accepts the phrase “sexual
and reproductive health” with the understanding that it
does not include abortion and that its use in article
25 (a) does not create any abortion rights, cannot be
interpreted to constitute support for or endorsement or
promotion of abortion and does not create, and would
not constitute, recognition of any new international
law, obligations or human rights.
The Marshall Islands is fully committed to
protecting the lives of persons with disabilities and
understands that article 25 (f) is to be interpreted as
ensuring that such persons are not denied medical lifepreserving
treatment with the intent of ending their
lives and that they not be denied food and fluids to
preserve life, regardless of the method of
administration.
Ms. Halabi (Syrian Arab Republic) (spoke in
Arabic): The Syrian Arab Republic attaches great
importance to the protection and promotion of the

rights of persons with disabilities and considers this to
be an integral part of our national economic and social
development plan. We have established a central
ministerial council, comprising ministers and
provincial government representatives from all over
the country, to closely follow what is being done to
protect and promote the rights and dignity of persons
with disabilities in all fields and in accordance with
Syrian law.
Here, I should like to emphasize that the Syrian
Arab Republic participated in the negotiations on the
draft convention from the outset with a view to
achieving a text that would guarantee the rights and
dignity of persons with disabilities, their fundamental
freedoms on an equal basis with all others and their
protection, in accordance with the International
Covenants on Human Rights and other international
human rights instruments.
We were able to join in the consensus on the draft
international convention on the rights of persons with
disabilities based on our interpretation that no
provision would contradict our cultural specificities,
religion, customs or history, and therefore that the
implementation of its protections must take into
account those characteristics and that background. My
delegation also considers the draft convention to
recognize no rights other than those recognized for
other persons within the framework of our national
legislation and international obligations.
With respect to paragraph 2 of article 12, “Equal
recognition before the law”, I would like to reaffirm
that our interpretation of the term “legal capacity”
presupposes the capacity to enjoy rather than to
exercise, and that the capacity to exercise is
determined by the nature and degree of the disability in
question, so as to protect the rights of persons with
disabilities as well as the rights of others.
In addition, my delegation was surprised to see
the addition of a comma in paragraph (e) of the
preamble of the Arabic-language version. In our view,
this changes the paragraph’s meaning from what was
agreed to in the English version. I would like to stress
that this comma does not appear in the other language
versions and was not in the text when the Ad Hoc
Committee adopted it on 5 December. Accordingly, my
delegation can join the consensus in favour of the draft
convention once the comma has been deleted from the
Arabic version.

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The President: The Assembly will now take a
decision on the draft resolution entitled “Convention
on the Rights of Persons with Disabilities”,
recommended by the Ad Hoc Committee in paragraph
7 of its report (A/61/611). May I take it that the
Assembly decides to adopt the draft resolution?
The draft resolution was adopted (resolution
61/106).
The President: Before giving the floor to
speakers in explanation of vote after adoption of the
resolution, I would remind delegations that
explanations of vote are limited to 10 minutes and
should be made by delegations from their seats.
Ms. Negm (Egypt): The delegation of Egypt went
along with the consensus with regard to the
international Convention on the understanding that the
reference to “sexual and reproductive health services”
in article 25 (a) does not by any means entail the
authorization of abortion, except in cases where
Egyptian national laws permit it.
Mr. Pereyra (Peru) (spoke in Spanish): Allow me
first to note that Peru appreciates the leadership and
excellent work done by the Chairman of the Special
Committee, Ambassador Don MacKay of New
Zealand, throughout the negotiating process on the
Convention. We would also like to highlight the work
of his predecessor, Ambassador Luis Gallegos of
Ecuador.
Peru considers the Convention on the Protection
and Promotion of the Rights and Dignity of Persons
with Disabilities to be a tremendous achievement in
terms of the development, expansion and deepening of
human rights around the world. It is the outcome of the
lengthy and fully representative negotiating process in
which States and civil society organizations, including
associations of persons with disabilities, participated
actively.
This process has proven that while there are
various positions concerning certain substantive issues
in the text of the Convention, the international
community is animated by the clear resolve to adopt
agreements that guarantee the full exercise, promotion
and protection of the rights and dignity of persons with
disabilities.
The unrestricted respect for human rights is a
State policy and a constituent element of Peru’s foreign
policy. Measures recently adopted by the Government

of Peru in the area of social policy will make it
possible to ensure greater exercise of human rights,
with special attention to the most vulnerable groups.
Thus, Peru welcomes the commendable international
effort that has led to the general agreement on the text
of the Convention and Optional Protocol that bring us
together today.
At the same time, Peru, in keeping with a position
expressed in various international forums, would like
to place on record the fact that the Peruvian
Constitution recognizes the right to life from the
moment of conception. Consequently, Peru declares
that the programmes and health care, even in the area
of sexual and reproductive health mentioned in article
25 (a) of the Convention, will be implemented in terms
of the unrestricted respect for life consecrated in our
Constitution and laws and that the provisions of the
Convention cannot be interpreted as weakening these
legal standards.
Finally, the Government of Peru confirms its
commitment to implementation of the Convention in
the framework of national policies that are consistent
with the principles of this Convention, affirming a
culture of inclusion whereby persons with disabilities
enjoy the same rights as other citizens.
Mrs. Hasteh (Islamic Republic of Iran): My
delegation would like to express our gratitude,
appreciation and satisfaction at the adoption of this
very important Convention. We would like to make two
points in our explanation of vote, both of which
concern my delegation’s interpretation of article 12,
paragraph 2, of the Convention.
That paragraph refers to the rights of the
disabled, which should be recognized fully on an equal
basis with others in all aspects of life, but it does not
refer to action. Due to the level and degree of
disability, the responsibility to act may differ among
disabled people.
Secondly, Iran accepts the phrase “sexual and
reproductive health” with the understanding that the
phrase does not include abortion, and that its use in
article 25 (a) does not create any abortion rights and
cannot be interpreted as constituting promotion of
abortion.
Mr. Romero-Martínez (Honduras) (spoke in
Spanish): First, I would like to express our satisfaction
upon today’s adoption of this very important legal

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instrument, which no doubt will make a contribution to
the well-being of all social sectors due to its universal
and humanitarian character. This is an historic event in
which there has been broad participation by civil
society, non-governmental organizations, our
Governments and, finally, a number of eminent persons
who have immortalized the equality, human rights and,
above all, the dignity of persons with disabilities.
My delegation wishes to explain its position on
one issue of far-reaching importance for our country.
Honduras accepts the phrase “sexual and reproductive
health” as used in article 25 (a) with the understanding
that it does not include abortion and does not constitute
recognition of any obligation under international law or
human rights law. The internal legal framework in my
country is very clear on this point. We wish this
interpretation that we are giving today to be placed on
record and in the final report of this session of the
General Assembly.
Mr. Solórzano (Nicaragua) (spoke in Spanish):
My delegation welcomes the adoption of the
Convention on Protection and Promotion of the Rights
and Dignity of Persons with Disabilities. It has just
been adopted by this General Assembly, thus marking
an historic moment for humankind in the defence of
human rights for the most vulnerable.
However, my delegation, under precise
instructions from my Government, wishes to make an
interpretive statement concerning subparagraph (a) of
article 25 on sexual and reproductive health.
In that particular regard, my delegation notes that
it accepts the phrase “sexual and reproductive health”
on the understanding that it does not cover abortion
and that its use in the article implies no right to
abortion. Thus, it should not be interpreted as meaning
approval, support or promotion of abortion.
Mr. Dabbashi (Libyan Arab Jamahiriya) (spoke
in Arabic): The Libyan Arab Jamahiriya attaches
particular importance to the rights of persons with
disabilities and is proud that there is no discrimination
in its legislation with respect to the rights of persons
with disabilities and other persons.
We are therefore pleased today to have adopted
the Convention on the Rights of Persons with
Disabilities. We believe that the Convention will help
to facilitate the exercise by persons with disabilities of

their rights internationally and will help to strengthen
human rights in general.
At the same time, the Libyan delegation reiterates
that it has joined the consensus on the basis of its
interpretation of paragraph 2 of article 12, as explained
by the representative of Iraq speaking earlier on behalf
of the Arab countries. Furthermore, the Libyan
delegation understands the phrase “sexual and
reproductive health” referred to in subparagraph (a) of
article 25 not to signify any activity that would conflict
with the moral principles of Muslim and national
legislation, including abortion, which is prohibited
except under very specific circumstances.
Mr. Miller (United States of America): The
United States welcomes the adoption by the General
Assembly of the Convention on the Rights of Persons
with Disabilities.
The United States was pleased to participate
actively in the Ad Hoc Committee, including through
providing technical assistance on our national law and
policy related to disabilities and information about our
foreign assistance programmes in that area. We also
held side events on matters of interest and regularly
briefed the community of non-governmental
organizations on our activities. We congratulate and
warmly thank all those involved in this monumental
and historic process, including the Ad Hoc Committee
chairpersons Ambassador MacKay of New Zealand and
Ambassador Gallegos of Ecuador, their respective
staffs, bureau members, the Secretariat, and members
of civil society.
Our nation’s commitment to the rights and
dignities of persons with disabilities is embodied in our
vast array of strong national laws, notably the historic
Americans with Disabilities Act. The United States has
shown strong leadership in combating discrimination
and inequality on the basis of disability. In 2001,
President Bush announced the New Freedom Initiative,
designed to expand the potential for persons with
disabilities to access technologies, education,
workplace, and home-ownership opportunities.
The United States believes that the most effective
way for States to improve the real-world situation of
persons with disabilities from a legal perspective is to
strengthen their domestic legal frameworks related to
non-discrimination and equality. That approach is
rooted in our own national experience with legislation
such as the Americans with Disabilities Act. We hope

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that the Convention will assist States in that process at
the national level.
There is much to be proud of in the Convention.
It is based on respect for the inherent dignity and worth
of all persons with disabilities. It contains strong
provisions on a variety of important issues, including
political participation, access to justice, accessibility,
health, the crucial role of family, and end-of-life issues.
The Convention is firmly rooted in the principles
of equality and non-discrimination. As the Chairperson
and many other delegations, including that of the
United States, have noted on countless occasions over
the course of negotiations, the treaty reinforces
existing rights and is aimed at assuring that persons
with disabilities will be treated on an equal basis with
others. That approach was reflected in oral statements
and in various places in the written travaux
préparatoires, including in a footnote to the draft text
of article 25 that appeared in the report of the seventh
session of the Ad Hoc Committee.
In that regard, the United States understands that
the phrase “reproductive health” in subparagraph (a) of
article 25 of the draft Convention does not include
abortion, and that its use in that article does not create
any abortion rights and cannot be interpreted to
constitute support, endorsement or promotion of
abortion. We stated that understanding at the time of
adoption of the Convention in the Ad Hoc Committee,
and note that no other delegation suggested a different
understanding of that term.
We would also like to comment on preambular
paragraph (u) of the Convention. The United States
called for a separate vote on that paragraph and voted
against it because we saw it as an attempt to politicize
what had otherwise been a very productive and focused
negotiation process. We were also concerned that the
reference in this human rights Convention to armed
conflict and foreign occupation, which are governed by
international humanitarian law and not by human rights
law, would create unnecessary legal confusion and thus
potentially undermine the extensive protections already
available under international humanitarian law to
protected persons in those situations. The United States
wishes to note for the official record its continued
concerns related to that preambular paragraph in the
Convention. We note that those concerns also apply to
article 11, which deals with situations of armed
conflict.

My delegation reiterates its congratulations to all
involved in this very significant process.
The President: We have heard the last speaker in
explanation of vote.
We will now hear statements after the adoption,
to be delivered by delegations from their seats.
Mr. MacKay (New Zealand): New Zealand has
been pleased to join the consensus in support of the
resolution.
The adoption of this Convention by the General
Assembly marks the end of a journey that the United
Nations embarked on in 2001. For the international
disability community, it has been a much longer
journey. Disability organizations within civil society
have long been pressing for a convention dealing
specifically with the rights of persons with disabilities.
It is no secret that some Governments had some
initial reservations about the need to negotiate a major
new human rights convention, particularly given the
resources required for such a process. Theoretically
there was no need for a new convention, because the
existing human rights instruments apply to persons
with disabilities in just the same way that they do to
everyone else. The reality, unfortunately, has not
followed the theory. The existing human rights
instruments have fallen far short in their protection of
the human rights and fundamental freedoms guaranteed
to persons with disabilities.
This does not mean that States have deliberately
avoided their obligations. But many of the obligations
under other instruments are set out in quite a broad and
generic way, which can leave grey areas for their
practical implementation in respect of particular
groups. Often, too, the enjoyment of rights and
freedoms by persons with disabilities may require
some adaptation by States to accommodate the
disability in question. And unfortunately, persons with
disabilities have often been marginalized and
discriminated against in our societies.
The dismaying statistics compiled by the United
Nations and the specialized agencies on the situation of
persons with disabilities worldwide leave no doubt that
specific action needed to be taken. And those of us who
participated in the negotiations were certainly left in no
doubt as to why this Convention is needed. The candid
and informative contributions of civil society —
specifically the disability organizations — have been

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invaluable in opening our eyes and reaffirming why
our task was so crucial. Once that hurdle had been
overcome and there was acceptance of the need for a
convention, all of the participants — States and civil
society — worked tirelessly together to achieve a
worthy outcome.
New Zealand is confident that the Convention is a
worthy outcome, and that it will make a significant
difference to the 10 per cent of the world’s people who
live with a disability. It is a practically focused
Convention, because it has been so closely informed
and influenced by the experiences of persons with
disabilities worldwide, as represented by their
organizations. They clearly articulated the challenges,
difficulties and requirements of persons with
disabilities in their interaction with society at large,
and it is those areas — and they are myriad — on
which the Convention focuses. It will be the
benchmark for future standards and action. Attitudes
need to change, societies need to be more inclusive and
accessible and persons with disabilities need to be
more empowered. The Convention enshrines themes
such as those.
The key, of course, will be effective
implementation. For that, we need to bring the
Convention into force as quickly as possible, and with
20 States parties required, the threshold is relatively
low. With the formal adoption of the Convention by
this Assembly this morning, Governments now need to
move quickly to enact any necessary legislation, take
the necessary constitutional or administrative steps and
sign and ratify the Convention. It would be a travesty
if, following the adoption of the Convention, treaty
action is allowed to languish and persons with
disabilities yet again find themselves at the back of the
queue for Government attention.
Effective implementation will also require
effective and coordinated action by disability
organizations, which we have seen work so well in the
negotiations. It will require cooperation among States
and the mainstreaming of disabilities issues into
development assistance programmes. Again, this is
covered in the Convention.
In conclusion, may I say that it has been a
privilege for me, as the representative of New Zealand,
to have been closely involved in these negotiations,
initially as Chairman of the Working Group and
coordinator of the informal negotiations, and

subsequently as Chairman of the Ad Hoc Committee. I
would like to place on record our huge debt of
gratitude for the extraordinarily hard work of those
involved in the process, particularly the Bureau — no
Bureau has ever served a process better — the Chair of
the drafting group, who worked so expertly, the Chair
of the negotiations on monitoring and the many others
who chaired and facilitated groups on a wide variety of
issues, as well as for the support of the Secretariat and
the Office of the High Commissioner for Human
Rights.
I should also like to acknowledge the excellent
work done by my predecessor in the chairmanship,
Ambassador Gallegos, who is here today. And on this,
the occasion of the adoption of the Convention, we
could not fail to mention one country that has been
pivotal in keeping the process alive. That is, of course,
Mexico, which I would like specifically to
acknowledge.
In my role as Chairman, I have had strong
support from the New Zealand Government, which has
been thoroughly committed to this process, including
the Minister for Disability Issues, The Honourable
Ruth Dyson, and other colleagues from New Zealand.
Finally, may I express wholehearted thanks to all of the
participants in the negotiations, from States and from
civil society, for the highly constructive, positive and
supportive approach that they have consistently taken.
Mr. Gallardo (Mexico) (spoke in Spanish): The
United Nations has taken an historic step by adopting
this Convention and its Optional Protocol, which
bridge a gap in the international legal framework.
Mexico welcomes the successful completion of this
process, which began five years ago with the goal of
responding to the legitimate and long-standing
demands of persons with disabilities throughout the
world.
On behalf of my Government and my country, I
would like to congratulate the Chairman of the Ad Hoc
Committee, Ambassador Don McKay of New Zealand,
who guided the work with exceptional skill and great
dedication. My appreciation goes also to Ambassador
Luis Gallegos Chiriboga of Ecuador, who chaired the
Committee in its first years with outstanding
commitment.
My delegation would also like to commend the
participatory and transparent nature of the work of the
Ad Hoc Committee. The instrument that we have

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adopted today would not been possible without the
participation and input of civil society, with which
States have worked in true partnership, thereby
providing a particularly constructive momentum to the
process. We trust that the collaboration will continue
during the stages leading to the signature and
ratification of the Convention and, in particular, to its
implementation in all States.
The new Convention consolidates the
Organization’s efforts to promote human rights, which
belong at the very core of Mexican foreign policy, and
the social participation of persons with disabilities
throughout its history.
The Convention is a milestone that will without
doubt change the lives of persons with disabilities and
contribute to building societies that are more just and
equal, as it is the first legally binding international
instrument on the issue at hand and to include the full
range of human rights, as well as the measures needed
to guarantee them. It is strengthened by its monitoring
mechanism, which is at the same level as those of other
international human rights treaties. That will allow us
to ensure the application of the Convention and to
identify the main challenges to its implementation,
including through international cooperation and
collaboration with civil society and other actors of the
international community.
I would like to emphasize that the Convention
contributes to fostering a new perspective on this issue.
We must consolidate a cultural change in our societies
regarding the way we address the situation of persons
with disabilities. Indeed, the treaty moves beyond the
medical welfare model in order fully to recognize
persons with disabilities as rights-holders and active
members of society with full autonomy and freedom to
make their own choices.
A significant part of our task is concluded today,
and we should without question be satisfied with the
quality of the treaty adopted. We should also bear in
mind that this is only the first among a series of
measures that we will need to undertake in order to
make sure that the letter and spirit of the Convention
are translated into concrete results by States parties. To
that end, we count on the full support of the Secretary-
General and all the relevant bodies of the United
Nations system to disseminate the Convention as
widely as possible and to contribute to its
implementation. Mexico trusts that the treaty will

enjoy the necessary ratifications to enter into force as
soon as possible, so that it may be put into practice.
In that sense, I am pleased to announce that my
country’s Congress has called for Mexico to sign and
ratify the Convention at the earliest possible date,
aware that it will benefit the 10 million Mexicans with
disabilities. Along those lines, I note that our
competent national institutions will undertake the
necessary actions for the implementation of the
Convention in the broadest, fullest and most
expeditious way possible.
I express our thanks and appreciation for this
unprecedented endeavour, which fulfils a debt to 650
million people who have unfairly remained invisible.
The world is celebrating. Mexico is celebrating, too,
and is grateful to the world.
Ms. Lintonen (Finland): I have the honour to
speak on behalf of the European Union.
The acceding countries Bulgaria and Romania;
the candidate countries Turkey, Croatia and the former
Yugoslav Republic of Macedonia; the countries of the
Stabilisation and Association Process; potential
candidates Albania, Bosnia and Herzegovina, and
Serbia; the European Free Trade Association countries
Iceland and Norway, members of the European
Economic Area; and Ukraine align themselves with this
declaration.
The European Union would like to join other
delegations in congratulating all of us, representatives
and members of civil society, for having concluded, in
a relatively short period of time, the negotiations on
the Convention on the Rights of Persons with
Disabilities.
We wish to express our deep appreciation to
Ambassador MacKay, the Chairman of the Ad Hoc
Committee. Without his dedication, commitment and
determination, not to mention his competent guidance
through this sometimes very difficult process, we
would not have had such an open, transparent and fully
inclusive process, and we would certainly not be here
today with a Convention.
We also wish to thank the members of civil
society who have been participating in large numbers
in the process throughout the years in accordance with
the principle “nothing about us without us”. Without
their valuable input and their intimate knowledge of

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life with disabilities, the Convention would not have as
much value as it does now.
Equally, we wish to thank all the representatives
who participated in the long hours of drafting and
negotiating on all various issues, regardless of the time
and place, and who, often through difficult
compromises, were able to reach consensus on the text
of the Convention.
Finally, on a substantive matter, we wish to refer
to the interpretative statement made by some States
regarding paragraph 2 of article 12 of the Convention.
It is our understanding that the concept of legal
capacity has the same meaning in all language
versions.
We hope that, through the adoption and wide
ratification of the Convention in the near future and
through the awareness-raising this process has been,
the 650 million persons with disabilities in the world
will have a better future with respect to their
enjoyment of all human rights and fundamental
freedoms on an equal basis with others.
Through all these years, we have been saying that
nothing is agreed until everything is agreed. Now that
time has come, and everything has been agreed.
Mrs. Maierá (Brazil) (spoke in Spanish): I have
the honour to speak on behalf of the members of the
Common Market of the South (MERCOSUR) and its
associated States: Argentina, Bolivia, Chile, Colombia,
Ecuador, Paraguay, Peru, Uruguay, Venezuela and
Brazil.
We take this opportunity to welcome the adoption
of the Convention on the Rights of Persons with
Disabilities and its Optional Protocol.
Our regional group participated with great
commitment in the negotiating process that resulted in
the instruments we have just adopted. Our countries
have taken a social and inclusive approach to the issue
of persons with disabilities. We therefore based our
participation on the understanding that disability
results from the interaction between physical
impairments and environmental barriers, which
impedes the full participation of individuals in society.
We are convinced that this Convention and its Optional
Protocol will serve as essential instruments for the
elimination of such barriers and for the promotion of
inclusive development, thus generating the necessary
changes which will guarantee the exercise of

fundamental rights and freedoms by persons with
disabilities on an equal footing with other people.
In addition, we are gratified to recognize the
positive outcome of the negotiations on an effective
monitoring mechanism, which ensures that the
Convention will have at its disposal the same tools as
other human rights instruments.
Lastly, in our view, the fact that the negotiating
process was conducted in an open and transparent
manner is of great importance. The interaction with
civil society was particularly relevant, which is why
our countries supported such full participation,
including in the informal meetings of our regional
group, the Group of Latin American and Caribbean
States. We consider it essential that civil society, and in
particular organizations of persons with disabilities,
should remain involved in the new phase that begins
today: of that dissemination and implementation of the
Convention. Their participation will be essential for
this instrument to generate the debate and reflection at
the national level needed to foster the promotion of the
rights of persons with disabilities in all our societies.
Mrs. Mladineo (Croatia): I am speaking on
behalf of the Group of Eastern European States. The
Convention on the Rights of Persons with Disabilities
is the first human rights treaty of the twenty-first
century. That is why the Eastern European Group is
pleased that the Convention was drafted with
unprecedented participation by civil society,
particularly persons with disabilities and their
organizations.
The Eastern European Group believes that this
Convention will increase the level of inclusion of
persons with disabilities in society, helping them to
become more contributing members of their
communities. It will also help us reach some of the
Millennium Development Goals to which we have
committed ourselves.
Today, having adopted this significant
Convention that means so much to millions of disabled
persons and their families around the world, let us not
forget that it is now equally important for the
international community to continue with the process
of signing, ratifying and implementing the Convention
with the same persistence and dedication.
By adopting this Convention, we, the Members of
the United Nations, are sending an important message

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to the world. We unanimously state that our countries
are serious when dealing with the human rights of
persons with disabilities. Let us remember that the
level of civilization is often measured by the level of
rights that world leaders give to the weakest in their
societies. The adoption of the Convention on the
Rights of Persons with Disabilities is definitely a step
further in raising this level.
Mr. Ballestero (Costa Rica) (spoke in Spanish):
Madam President, allow me, first of all, to express my
thanks to you for having convened this meeting of the
General Assembly to adopt the Convention on the
Rights of Persons with Disabilities. This event is the
culmination of a series of individual and collective
efforts that together have yielded an international legal
instrument of which all of us in this Hall can, and
should, be proud.
Since its establishment more than 60 years ago,
this Organization has had at its core a profound belief
in human rights, in the dignity and value of the human
person, in the equality of men and women and in the
equality of nations, irrespective of their size and
power. This is clearly stated in its Charter.
The peoples of the United Nations declared in
1945 their determination to promote social progress
and better standards of life in larger freedom for all
persons and, to that end, they committed themselves to
employ international machinery for the promotion of
the economic and social advancement of all peoples.
This combination of beliefs and commitments to
human rights and development, individual
responsibility and international cooperation, which is
part of the Charter of the United Nations, is today
reflected, articulated and developed in the Convention
that we have just adopted. It is an ambitious
instrument, befitting the twenty-first century, which
discards the rigid dogmas of past while benefiting to
the full from lessons learned in the hard task of forging
our humanity.
We have been fortunate enough to be able to
participate in something which, without any
exaggeration, may be described as a journey of hope, a
journey to which we were first convoked by Mexico
and in which we were then steered by Ecuador. The
journey was begun by the Latin American and
Caribbean Group. It then became a journey for the
whole of the developing world, until it became, today,
an initiative taken by the whole world.

Today, we celebrate together the culmination of
this process. The Convention is testimony to our finest
virtues and our best aspirations. It is resounding proof
of what we are capable of as an international society,
when we concentrate on our points of convergence and
not on our differences.
According to United Nations data, more than 650
million people — 10 per cent of the world’s
population — have reason to celebrate with us today.
They have all the more reason to continue more
energetically than ever to pursue this journey of hope
in which we have had the privilege to participate.
Today, the whole of humanity is more humane.
Major achievements of this instrument include
surmounting forever the medical model of disability;
the unequivocal recognition that disability generates
poverty and that poverty generates disability; and the
commitment to struggle to overcome our prejudice and
preconceptions and to promote a paradigm shift which
is needed to achieve inclusive development and
ultimately active participation by civil society. Costa
Rica believes that the Convention is a triumph for
humanity as a whole.
Costa Rica believes that the dignity and value of
the human being transcend life’s circumstances and the
challenges that life presents day by day. Thus, in
hailing the comprehensive and all-embracing nature of
this Convention, we would like to reaffirm that — as
was reflected during the debates in the Ad Hoc
Committee — the reference in the Convention to the
concept of sexual and reproductive health does not
constitute a new human right or, still less, imply
relativization or negation of the right to life, which we
regard as the source of all rights.
More than 60 years ago, a wheelchair user stated,
in circumstances that were certainly far from happy,
that the only thing that we had to fear was fear itself. A
few years later, having amply proved the truth of that
assertion, the same person laid the foundations of this
Organization; thanks to him, we can meet today to
rejoice in this historic moment. In adopting the
Convention, Costa Rica pays tribute to Franklin Delano
Roosevelt, whose life and work demonstrated all that
can be done and, at the same time, everything that
remains to be done, individually and collectively, to
advance and protect the rights of persons with
disabilities.

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Without distinction as to language, culture,
religion or civilization, the Convention on the Rights
of Persons with Disabilities represents, in its entirety
and for all the peoples of the world, a significant
advance. Its conceptual and paradigmatic integrity
should not be compromised by short-sighted analyses
or highly legalistic approaches. It is an instrument of
human rights, as well as of social development and
international cooperation. It is a commitment
undertaken by States but fulfilled by individuals. Let us
all live up to our commitments and the aspirations
reflected in the Convention. Only on the basis of
prompt and effective implementation will we be able to
reach the end of our journey.
In the information age and in the global village of
which we are all part, the measures we take in this Hall
are known and have immediate effect in all corners of
the world, especially in small places where human
rights have real meaning and impact. That is why my
delegation hopes that we will never again build —
especially using resources earmarked for
development — facilities, institutions or services that
exclude a priori 10 per cent of the population. No
country, however rich, can afford to squander its
human resources.
The success of a journey depends to a large
extent on the helmsman of the chosen vessel. A skilful,
careful and visionary navigator who is sure and
resolute is vital to reaching the destination and, in
particular, to doing so on schedule. On this voyage of
hope, we have had the good fortune of being able to
rely on the ideal navigator, Ambassador Don MacKay
of New Zealand. His experience and skill, together
with his interpersonal gifts and his great human
warmth, have enormously benefited our deliberations,
marshalled our energies and allowed us to adopt the
Convention today by consensus. Our recognition and
gratitude also go to his team and to his predecessor,
Ambassador Luis Gallegos of Ecuador, and his team.
The German poet and playwright Bertolt Brecht
said that there are men who fight one day and are good;
there are men who fight one year and are better; there
are some who fight many years and they are better still;
but there are some that fight their whole lives, and
these are the indispensable. For us, without doubt, it is
among the latter that we place all persons with
disabilities. We owe them our recognition.

Allow me to end by recalling, with Franklin
Delano Roosevelt, that the only limit to our realization
of tomorrow will be our doubts of today. Let us move
forward with strength and faith in the future.
Ms. Lazouras (South Africa): My Government
would like to express its pleasure that, after five years
of negotiations, the General Assembly is adopting the
Convention on the Rights of Persons with Disabilities
and its Optional Protocol within the prescribed time
frame, as per General Assembly resolution 60/232 of
December 2005. South Africa celebrates its adoption,
as it represents a victory for human rights.
The treaty, the first of its kind, sets
internationally binding provisions that promote and
protect the rights of a long-neglected section of the
world’s population, whose social and economic
integration would benefit humanity. The entry into
force of the Convention and its Optional Protocol
would ensure that persons with disabilities no longer
represented one of the most marginalized groups and
that their rights were no longer routinely ignored or
denied throughout the world.
Special recognition should be given to
Ambassador Don MacKay of New Zealand and his
predecessor, Ambassador Luis Gallegos of Ecuador,
whose work as Chairs of the Ad Hoc Committee on a
Comprehensive and Integral International Convention
on the Protection and Promotion of the Rights and
Dignity of Persons with Disabilities enabled the speedy
and successful conclusion of this historic Convention.
The Ad Hoc Committee was a unique negotiating
forum for both Member States and civil society, as they
proved that no disability could be a hindrance to
advancing diplomacy at this body.
South Africa is certain that, through the
knowledge and experience accumulated during the
proceedings of the Ad Hoc Committee, the United
Nations system has become less disabling. My
delegation proposes that the United Nations, in its
reform process, give consideration to provisions on
inclusiveness and equality that are contained in the
Convention. The United Nations should, in its reform
process, implement creative systems in order to reduce
or even eliminate altogether the environment that
inhibits the effective participation by persons with
disabilities in its events and processes and when
undertaking renovations.

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South Africa would have preferred that the
provisions on individual communication and
complaints procedure contained in the Optional
Protocol to the Convention be part of the Convention
itself. However, we acknowledge that an optional
protocol approach was the best compromise to ensure
the universal acceptance of the Convention and thus
fast track its ratification and entry into force.
South Africa has started the necessary process in
preparation for the signing of both the Convention on
the Rights of Persons with Disabilities and its Optional
Protocol. South Africa will soon thereafter initiate
internal processes with a view to ratifying both those
treaties.
South Africa urges Member States to consider
both signing and ratifying the Convention and its
Optional Protocol, because that will ensure that its
implementation and monitoring by the Committee
under the Convention are enhanced. Our understanding
is that, although the two treaties are separated, they are
both aimed at advancing the rights and dignity of
persons with disabilities in a mutually reinforcing
manner. Therefore, my delegation is of the view that
the Convention’s provisions cannot be achieved in
isolation of the Optional Protocol.
The Optional Protocol gives an implementation
force to the Convention because it provides recourse
for those whose rights may be under threat or
undermined. The Optional Protocol would also provide
the Committee with proactive means to seek further
information on the status of the human rights of
persons with disabilities through the inquiries
procedures. Those procedures can be useful
instruments for the protection of persons with
disabilities and may allow for the provision of
technical assistance to States parties on emerging best
practices.
In conclusion, my delegation recognizes that
persons with disabilities are among the most
marginalized of all peoples and have been excluded
from achieving their full potential by a wide range of
physical, legal and social barriers. However, we also
acknowledge that the Convention will pave the way to
ensuring that both States and public perception of
persons with disabilities change to allow for the full
integration of persons with disabilities into society.
Mr. Liu Zhenmin (China) (spoke in Chinese): At
this sixty-first session, the General Assembly has just

adopted the Convention on the Rights of Persons with
Disabilities. This is a milestone in the history of the
protection of the rights and interests of persons with
disabilities. The Convention is the outcome of the
strong political will and hard work of the international
community, and reflects the constructive and
cooperative approach of all negotiating parties.
The Chinese delegation welcomes the adoption of
the Convention. I should like to take this opportunity
to thank the Chairman of the Ad Hoc Committee,
Ambassador Don Mackay, and his predecessor for their
efforts.
The Chinese Government has always attached
great importance to the protection of the rights and
interests of persons with disabilities, as well as to the
guarantee of their social welfare. According to a
recently conducted nation-wide census on persons with
disabilities, China has almost 83 million persons with
disabilities. Over the years, the Chinese Government
has established and gradually improved our system for
safeguarding the human rights of persons with
disabilities, thus helping them to participate in social
life and to share the fruits of social development on an
equal footing. This year, the Chinese Government
promulgated and put into practice the China
Development Outline for the Cause of Persons with
Disabilities (2006-2010) with the aim of establishing
rehabilitation services for all and other goals in that
area.
China was one of the first countries to initiate and
promote the formulation of the Convention. Over the
past five years, the Chinese delegation has taken an
active part in the work of the Ad Hoc Committee on
the Convention and made its due contribution. In order
to complete the drafting of the Convention on time,
many delegations, including mine, did their best to
demonstrate flexibility on some contentious issues in
the Convention during consultations. We are deeply
convinced that the adoption of the Convention will
contribute to a helpful conceptual, policy and legal
framework for the efforts of the international
community to protect the rights and interests of
persons with disabilities.
The Chinese delegation would like to reiterate its
interpretation of the term “legal capacity” in article 12
of the Convention. The Chinese Government interprets
“legal capacity” in the Convention as “legal capacity
for rights”. The Chinese delegation requests that this

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statement be included in the official summary record of
current meeting.
Mr. Butagira (Uganda): Uganda welcomes the
adoption of the Convention. We would like to salute all
those who worked very hard to bring about this happy
result.
It is not by choice that some people suffer
disability of one form or another. All human beings
should be accorded the same rights and privileges
regardless of their physical condition. It is only just to
do so. The Convention is therefore long overdue, but
better late than never.
The Convention, besides providing access to
education, transportation and justice for disabled
persons, also prohibits discrimination based on sexual
and reproductive health. My delegation, however,
wants to emphasize that our understanding of the
phrase “sexual and reproductive health services” does
not constitute recognition of any new international
legal obligations or human rights and that, more
specifically, it does not include abortion.
Mr. Limeres (Argentina) (spoke in Spanish):
Argentina aligns itself with the statement delivered by
the delegation of Brazil on behalf of the Common
Market of the South and associated States, and
welcomes the adoption of the Convention on the Rights
of Persons with Disabilities and its Optional Protocol,
the first international instrument dealing specifically
with the protection of the human rights of that
vulnerable group.
The delegation of Argentina was actively
involved throughout the negotiations that took place in
the Ad Hoc Committee, supporting at all times the
widest possible participation of duly accredited nongovernmental
organizations devoted to disabilities
issues. We consider it indispensable to take into
account the points of view, concerns and input of civil
society on that topic. In that regard, and bearing in
mind the ongoing dialogue that the Argentine
Government maintains with civil society, the
delegation of Argentina relied on the valuable
contributions of representatives of two nongovernmental
organizations as advisers during the
negotiation of the Convention.
Furthermore, Argentina’s commitment to the
protection of the rights of persons with disabilities has
also been evident in the inter-American sphere. Thus,

at the thirty-sixth regular session of the General
Assembly of the Organization of American States,
which took place in June 2006, Argentina sponsored a
resolution, adopted by consensus, through which the
States of the region reaffirmed their commitment to the
protection of the human rights and fundamental
freedoms of individuals or groups in a situation of
vulnerability, among them persons with disabilities.
Resolution AG/RES 2167 seeks to ensure the
activation of the Committee on the Elimination of All
Forms of Discrimination against Persons with
Disabilities, taking into account the contributions of
the Inter-American Commission on Human Rights and
of civil society organizations specializing in disability
issues.
Argentina welcomes this new contribution of the
General Assembly to the progressive development of
international human rights law through this new legal
instrument, which reflects the need for world
awareness of the rights of persons with disabilities,
with the commitment and obligation of each of our
States, as established in article 8 of the instrument we
have adopted today.
Mr. Mercado (Philippines): The Philippines
welcomes the adoption by the General Assembly of the
Convention on the Rights of Persons with Disabilities,
as well as its Optional Protocol. We congratulate
Ambassador Don MacKay and the members of the Ad
Hoc Committee on their hard work in making the
Convention a reality.
My delegation takes the floor to highlight three
important issues.
First, when the General Assembly formally
embarked on a course to draft a convention on
disabilities, it originally intended for the Convention to
be a comprehensive and integral instrument that would
uplift the lives of all persons with disabilities. That was
why we used the lengthy title of the draft convention in
all eight negotiation sessions of the Ad Hoc
Committee. While, for brevity’s sake, we have adopted
the present title, it is the Philippines’ understanding
that this does not detract from the holistic nature and
character of the Convention originally intended by the
General Assembly in its resolution 56/168, which
embodies, in a unified way, the perspectives of
development, human rights and non-discrimination,
covering all countries, developed and developing alike.
That particular holistic approach is reflected in many

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of the preambular paragraphs, but in particular in
paragraphs (f) and (y). The holistic approach is also the
spirit behind article 32 on international cooperation.
Let it therefore be remembered that what we have
adopted is an instrument that embodies that holistic
nature.
Secondly, it is the policy of the Philippines to
value the dignity of every human person and to
guarantee full respect for human rights. The
Philippines ensures that persons with disabilities, as
members of society, exercise the same rights and
obligations as all others. Hence, where a person’s
capacity to exercise his or her rights may be restricted
under certain circumstances, adequate safeguards under
our laws are employed to ensure that he or she is still
able to fully exercise those rights, including, if
necessary, with the assistance of others. In article 12 of
the Convention, the Philippines understands the term
“legal capacity” under the terms of the Philippine Civil
Code, which makes a distinction between the terms
“legal capacity” and the “capacity to act”. Under the
Philippine Civil Code, “capacity to act” refers to the
power to do acts with legal effect and to the aptitude
for the exercise of rights. On the other hand, the term
“legal capacity”, under our Civil Code, is synonymous
with juridical capacity and is defined as the fitness of
the person to be the subject of legal relations. For
purposes of domestic implementation, the term “legal
capacity” in article 12 shall therefore be construed by
the Philippines as the “capacity to act”.
Lastly, the Philippines considers it highly
important to ensure the total health of persons with
disabilities. Nevertheless, the Philippines is of the
belief that the provision of health care and all other
services should not in any way undermine the right to
life of a person, with or without a disability, in all
stages of his or her being. It is in that light that the
Philippines understands articles 12 and 25 of the
Convention.
Mr. Labbé (Chile) (spoke in Spanish): At the
outset, my delegation wishes to associate itself fully
with the statement made by the representative of Brazil
on behalf of the Common Market of the South and its
associated States.
The adoption of the Convention on the Rights of
Persons with Disabilities marks the successful
conclusion of a lengthy process begun in 2002 with the
establishment of the Ad Hoc Committee responsible for

its negotiation. The process has involved Governments
and, very significantly, civil society through nongovernmental
organizations, which played a
distinguished role in the Convention’s development.
Some representatives of those non-governmental
organizations have honoured us today with their
presence in the Hall.
Many Government delegations, including that of
Chile, included persons with disabilities among their
members in the negotiating process explicitly to give
concrete form to the principle of inclusion.
At the same time, the adoption of the Convention
is a very positive contribution to the array of
international human rights instruments adopted in the
legal and normative framework of the United Nations,
beginning in 1948 with the Universal Declaration of
Human Rights and the Convention on the Prevention
and Punishment of the Crime of Genocide.
When we speak of disability, we are talking about
a population of over 500 million people throughout the
world who suffer some degree of disability and are
thereby the subjects of discrimination or excluded from
participating in the social, labour, educational, cultural
or health fields. That is why the Convention that we
have just adopted seeks as its primary goal the
promotion, protection and guarantee of the full
enjoyment by persons with disabilities, on an equal
footing with all others, of all human rights and
fundamental freedoms, while also promoting respect
for their inherent dignity. We note with satisfaction that
the Government programme launched by President
Michelle Bachelet contains specific commitments with
respect to disability that are fully in keeping with the
rights of such persons recognized by the Convention.
The Convention strives to find a way to ensure
the full application to persons with disabilities of duly
recognized and established fundamental human rights,
bearing in mind the specifics of each situation. Among
its underlying principles, the Convention recognizes
the inherent dignity of individuals; individual
autonomy, including the freedom to take one’s own
decisions; independence; non-discrimination;
participation and full and effective inclusion in society;
and access to and equality of opportunity.
On the basis of those principles, the Convention
breaks with many erroneous or risky approaches, such
as the segregation of persons with disabilities by means
of differentiated education and other special regimes,

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and lack of recognition of their individuality and
autonomy of action, conceiving of them as legally
incapable. The Convention recognizes persons with
disabilities as legal persons on the same terms as others
in all aspects of life, making them not only the holders
but also the exercisers of rights.
For those very reasons, the Convention’s entry
into force will oblige our Governments and societies to
adopt a new approach to that reality. Legislation will
be required in various spheres fully and effectively to
implement the commitments undertaken here. Access
will also have to be guaranteed to persons with
disabilities to the physical environment, transportation,
information and communications, and other services
and facilities available to the public. For its part,
society will have to begin to consider the situation as
yet another expression of its own diversity and to
accept that persons with disabilities deserve equal and
non-discriminatory treatment, even when it may be
based on supposedly protective criteria.
The Convention, however, also speaks to another
reality that links it to issues of social development. An
extremely high percentage of persons with disabilities
live in developing countries and in poverty. Moreover,
a large percentage of persons with disabilities have
practically no schooling. In the area of employment,
the unemployment indices for persons with disabilities
are also extremely high.
Facilitating the equal access of persons with
disabilities to various social activities will enable them
to achieve higher levels of income, thus improving
their educational, employment and health
opportunities. That task also involves responsibility for
Governments, which they must assume. My delegation
expresses its wholehearted commitment to ensuring
that the various tasks set out in this important
instrument will be fully undertaken.
I cannot conclude without conveying my
delegation’s warmest congratulations to all of those
who, in various forums and from a variety of work and
observational backgrounds, have allowed us to achieve
an ethical, diplomatic and legal victory of the highest
magnitude. Our thanks go in particular to Ambassadors
Luis Gallegos of Ecuador, a dear friend of mine, and
Don Mackay of New Zealand, as well as to the other
members of the Bureau of the Ad Hoc Committee.
Mr. Petranto (Indonesia): Indonesia has the
honour to join other delegations in welcoming today’s

adoption of the Convention on the Rights of Persons
with Disabilities and its Optional Protocol.
The Convention is certainly an important
milestone in the efforts of the United Nations to
address the rights of persons with disabilities. Not only
will it send out a message of hope to the millions of
disabled around the world, but we also trust that it will
help to raise people’s awareness and promote the rights
and dignity of the disabled in their countries.
We congratulate all those who participated in
shaping the Convention and its Optional Protocol. The
role of the Chairman of the Ad Hoc Committee was
instrumental and my delegation congratulates him on
successfully guiding the work of the Committee and
concluding the Convention and Optional Protocol.
In the process of developing and negotiating the
Convention, we appreciate the valuable contribution of
civil society in enriching the process by bringing to the
table its extensive knowledge and expertise on the
issue of disabilities.
In realizing the purpose and objectives of the
Convention, my delegation would like to underline
article 32, which provides for international cooperation
to assist countries in complying with the provisions of
the Convention. In that regard, my delegation wishes to
emphasize the importance of building partnerships
nationally, regionally and globally in the
implementation of the Convention.
Mr. Cordovez (Ecuador) (spoke in Spanish): This
is a great day for humankind. It is also an historic date
in the evolution of the United Nations. The General
Assembly’s adoption of the Convention on the Rights
of Persons with Disabilities is taking place 60 years
after the adoption of the Universal Declaration of
Human Rights and 40 after the adoption of the
International Covenants on Civil and Political Rights
and on Economic, Social and Cultural Rights.
The Ecuadorian delegation participated ardently
and with conviction in the preparatory work for the
Convention. The international community has now
assumed its responsibility to enable persons with
disabilities fully to enjoy their rights as members of
society. The Convention represents the culmination of
a gradual evolution in the worldwide process of reform
in the area of disability, the ultimate articulation of the
universal nature of human dignity, and the creation of a
system of freedoms built on human values.

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Disabled individuals are now the holders of rights
that restore their autonomy and give them space to
develop their creativity and spirit. That global
development for persons with disabilities has already
had an impact on the evolution of national social
models. Sixty years ago — nay, only 20 years ago —
families concealed their disabled members. Children
were forgotten in back rooms and young people were
interned in hospitals for the mentally ill or in remote
asylums. That is in clear contrast to the current
situation, which has undoubtedly been impelled by the
humanitarian process in the United Nations.
Just a few days ago in my country, a professional
person who has been confined to a wheelchair for a
number of years was elected Vice-President of the
Republic, the second-ranking leader of our nation.
Humankind owes such recognition to all human beings
who have been rejected for their disabilities. It is plain
that our approach acknowledges the impact of such
disabilities or insufficiencies on a person’s daily life.
That is why this is a day of rejoicing for all
humankind. We have demonstrated a solidarity that is
missing from the human rights codes which our
Organization has been adopting virtually since its
inception. Ecuador is participating with profound
political will in that celebration.
Ms. Feldman (Israel): On the behalf of the State
of Israel, my delegation would like to express its joy in
participating in the adoption of the Convention on the
Rights of Persons with Disabilities, which indeed is a
momentous occasion. My delegation would also like to
express gratitude to our colleagues in the United
Nations, Member States and civil society who were
involved in initiating, drafting and bringing to
completion this historic Convention.
For the hundreds of millions of persons with
disabilities living across the world and who still must
cope with conditions of poverty, discrimination,
humiliation and exclusion, the adoption of this
Convention by the General Assembly is a reaffirmation
that all human beings were created equally in the
image of God. We in Israel fondly remember having
those same feelings of joy and satisfaction when we
passed the Equal Rights for People with Disabilities
Law in 1998, enacted extensive provisions concerning
the accessibility of public accommodations in 2005,
and established the Commission for Equal Rights of

Persons with Disabilities as part of the Ministry of
Justice in August 2000.
Once our celebrations here have concluded, the
Convention, like other conventions and pieces of
legislation, will be judged solely on the basis of its
implementation. Many of us know only too well the
challenges of changing attitudes and practices among
policymakers, professionals, the general public and
even among persons with disabilities themselves. We
must ensure that the responsibility to guarantee the
rights of all human beings is internalized and protected
by all.
This is a process requiring a great deal of
learning and openness to accepting the other as an
essential part of society. It is a process that demands
not only a heightening of awareness and mutual
respect, but also the investment of financial and human
resources in making every aspect of society accessible
to all. It is a process of democratization, calling for the
establishment of partnerships between professionals
and people with disabilities at crucial decision-making
points on the journey towards the realization of the
goals of the Convention.
The State of Israel, which was actively involved
in the formulation of the Convention, is committed to
advancing the rights of person with disabilities, and
several steps have already been initiated in Israel with
a view to promoting the implementation of the
Convention. We have begun to review our own
domestic legislation in the light of the wide-ranging
provisions of the Convention. Our Commission for
Equal Rights of Persons with Disabilities is working on
the establishment of disability studies centres, which
will train and teach professionals in public and civil
society about the principles and practices of
implementing the Convention. The Commission is also
in the process of developing a quantitative monitoring
mechanism to enable us to track the implementation
progress of our domestic equal rights law, together
with the provisions of the Convention. To that effect,
we have already translated the Convention into Hebrew
and will distribute it to relevant entities now that it has
been adopted.
While commending the impressive work of those
involved in bringing the Convention to successful
completion, we echo the concern also raised by other
delegations and express our regret at certain elements
of politicization during the drafting process,

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particularly with respect to preambular paragraph (u).
The attempt to draw artificial parallels between two
different legal regimes under international law — those
of human rights law and the law of armed conflict —
only undermines the effectiveness of each regime.
Israel would therefore like to place on record its
concern regarding references in the Convention to
elements taken from the law of armed conflict.
In conclusion, let us all — Governments and civil
society alike — advance forward in taking the
necessary steps towards implementation of the
Convention. Israel, for its part, is open both to
contributing on the basis of our own experience, as
well as to learning from the experience of others. Let
us continue with the positive and cooperative spirit of
the Ad Hoc Committee that was initiated by the
Mexican Government and inspired by our Chairs,
Ambassador Luis Gallegos and Ambassador Don
Mackay. We owe them a great deal, as we do many,
many others.
In our tradition, we have a practice of reciting a
blessing of thanksgiving and for future success upon
occasions of great accomplishment: Blessed be the one
who sustained us and brought us to this joyous
occasion.
Mr. Wenaweser (Liechtenstein): The adoption of
the Convention on the Rights of Persons with
Disabilities is a historic achievement. My delegation is
very satisfied to see that the General Assembly was
able to negotiate such a comprehensive document of
such quality in such a short time, and we are very
proud that we were able to make our contribution to
that outcome.
The adoption coincides nicely with the day on
which we will also be discussing the issue of the
revitalization of the General Assembly in the
afternoon. In our view, today’s result represents true
General Assembly revitalization. It was possible thanks
to the commitment and constructive spirit of
delegations, the invaluable contribution of persons with
disabilities and their organizations, and the strong
leadership of individuals, in particular of Ambassador
Don MacKay, to whom we owe much gratitude. The
involvement of civil society and of the persons directly
affected should serve as an example for similar
processes in the future, such as the resumed work on
the declaration on the rights of indigenous peoples.

We hope that the Convention will soon enjoy
universal participation and that each article will be
fully implemented in all parts of the world, irrespective
of any difficulties that might be encountered in the
translation of the negotiated text. We owe nothing less
to the 650 million persons with disabilities worldwide.
Implementation is indeed crucial when it comes
to the protection and promotion of human rights. Our
work on standard-setting must never dilute the focus
we place on the implementation of existing standards
and cannot conceal the fact that implementation is the
area in which we are most at fault and have the most to
increase our efforts.
Ms. Blum (Colombia) (spoke in Spanish): The
delegation of Colombia welcomes the work of the Ad
Hoc Committee on a Comprehensive and Integral
International Convention on the Protection and
Promotion of the Rights and Dignity of Persons with
Disabilities. We pay tribute to Ambassador Don
MacKay of New Zealand and his predecessor, the
Ambassador of Ecuador.
My country played an active role in the meetings
of the Ad Hoc Committee and is pleased to see the
significant outcome of its work. We note that in
Colombia, on the initiative of the Vice-President of the
Republic and in coordination with the Minister for
Foreign Affairs, a working group was established
among representatives of various Government
agencies, civil society organizations working in the
field of health care and the promotion of the rights of
persons with disabilities, and academic sectors to
follow up and consider progress in the formulation of
the text of the Convention. Colombia made its position
clear in all of the meetings of the Ad Hoc Committee.
The contributions of civil society organizations to the
Convention were vital to creating an instrument to
provide concrete and relevant responses in this area.
Mr. Chidyausiku (Zimbabwe) Vice-President, took
the Chair.
Regarding the substance of the Convention, we
understand that, under article 24, States shall be
responsible for providing persons with disabilities
primary education and secondary education on an equal
basis with others in the communities in which they
live. Similarly, article 25 on health establishes several
norms whereby, in addition to the special services
required by persons with disabilities specifically
because of their disabilities, States shall provide

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persons with disabilities with the same range, quality
and standard of free or affordable health care and
programmes as provided to other persons. The costfree
nature of services would depend on the availability
of the State’s fiscal resources.
With today’s historic decision, we have taken a
fundamental step towards significant progress in the
changes necessary to enabling persons with disabilities
to exercise their fundamental freedoms and human
rights, in respect for their dignity and for their
contribution to and full participation in the advances of
society on a fully equal footing with other persons. My
country welcomes the resolve that led to the adoption
of the resolution whereby the General Assembly has
adopted the Convention.
Mr. Normandin (Canada) (spoke in French):
Canada is proud to have contributed to the
development of international human rights law through
our active participation in the Ad Hoc Committee
established to negotiate the Convention on the Rights
of Persons with Disabilities. The Convention promises
to be an important tool for the promotion of the human
rights of some of those most in need of such protection.
We commend the spirit of compromise and hard work
of the delegations involved in the Ad Hoc Committee,
which ensured that the Convention was agreed upon in
record time. As agreed among the representatives,
while the Convention does not create new rights, it
prevents discrimination so that the human rights of
persons with disabilities, which are the same rights
guaranteed to everyone, are understood and ensured by
States. It is for that reason that we believe that the
development of the Convention is long overdue.
One of the challenges to States parties to the
Convention will be ensuring the appropriate standard
of realization depending on the nature of the
obligation. While some rights will be immediately
realizable for persons with disabilities, others will be
subject to a standard of progressive implementation
and will therefore require investment by States to the
maximum of their available resources.
The definition of disability was the subject of
extensive discussion during negotiations. The result of
the discussion was the inclusion in the text of a
baseline for the guidance of States clearly
incorporating a social, human-rights based
understanding of disability. It clearly does not require
that States adopt one single definition of disability in

all their laws, policies and programmes. That flexible
approach will allow for the evolution of this concept
over time in order to reflect our changing
understanding of disability and the circumstances in
which persons with disabilities face discrimination.
(spoke in English)
Canada is pleased to welcome the strong equality
rights provision and the significant contribution the
Convention makes to developing the concept of
reasonable accommodation, so crucial to ensuring the
full inclusion and participation of persons with
disabilities in society. The provision requires States to
prohibit all forms of discrimination against persons
with disabilities and clearly includes both direct and
indirect discrimination. The concepts of equality and
reasonable accommodation reflect substantive equality,
namely, treating persons with disabilities according to
their actual merits, capacities and circumstances, not
on the basis of stereotypes. Substantive equality does
not mean simply treating everyone in exactly the same
way. Indeed, accommodating people’s differences is
the essence of substantive equality, and that
understanding is especially key to eliminating
discrimination.
Canada likewise welcomes in particular the equal
recognition of persons with disabilities as persons
before the law. The complexities across various legal
regimes made that a particularly difficult topic of
discussion during the negotiation. Through sustained
effort, however, representatives arrived ultimately at a
text which recognizes that persons with disabilities,
like all members of society, are presumed to have legal
capacity to act in all aspects of their lives. And, as with
all members of society, a determination of incapacity
should be based only on evidence of the individual’s
actual decision-making ability, rather than on the
existence of a disability. Read together with the entire
Convention, that provision underscores the fact that
opportunities for persons with disabilities to exercise
their legal capacity cannot be denied on a
discriminatory basis. While the provision is not a
prohibition on substitute decision-making regimes, it
does place particular emphasis on the importance of
supported decision-making. Finally, regardless of
whether substitute or supported decision-making is
involved, the provision requires that States ensure that
appropriate safeguards be in place to avoid abuse.

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On other issues, we have seen the introduction of
a new term in the Convention through a reference to
social protection in place of social security. In light of
the narrow interpretation of the term “social security”
in some jurisdictions, Canada was able to join
consensus, given the important focus of that provision
on non-discrimination.
With respect to the references to intellectual
property in article 30, Canada considers that the
concept of unreasonableness in paragraph 3 is linked to
that of discrimination and should not be viewed as a
separate and distinct criterion. A key aspect of the
provision is that it is to be interpreted in a manner
consistent with international law, in particular
international commitments concerning intellectual
property rights. Intellectual property rights have been
developed to ensure that society benefits from
intellectual activity. Those rights protect creators and
inventors, prevent confusion and promote access for
the public. Canada looks forward to working with other
Governments with a view to promoting best practices
pursuant to such interpretation of international norms.
Finally, I wish to comment on the articles on
international monitoring. Canada has expressed all
along our desire to innovate in designing an
international monitoring mechanism which would
serve the goal of ensuring effective and efficient
monitoring of the rights contained in the Convention.
We have heard delegations and representatives of nongovernmental
organizations expressing the opinion that
the monitoring model now in the Convention would
ensure that the Convention would not be a second-class
citizen. Canada never quite accepted that argument.
Instead, we believe that the rights of persons with
disabilities would be best ensured by innovation
through a linking of the existing treaty bodies through
a system of experts. Nevertheless, in recognition of the
time constraints, Canada joined consensus on the
creation of a mechanism on the basis of the model now
in the Convention, though there, too, we would have
hoped for some innovation based on best practices of
existing treaty bodies. We hope that the new treaty
body will integrate the lessons learned over the years
of operation of existing treaty bodies and we expect
that the Committee on the Rights of Persons with
Disabilities will be able to make an important
contribution to discussions on future treaty body
reforms.

Finally, we would like to express our sincere
appreciation and warm congratulations to all
delegations; to our exceptional Chairs, Ambassador
Gallegos and Ambassador MacKay; and to all civil
society participants, including organizations of persons
with disabilities.
Mr. Takase (Japan): The Government of Japan
applauds the adoption of the resolution by the General
Assembly, together with the Convention on the Rights
of Persons with Disabilities and its Optional Protocol.
The Convention enables all persons with
disabilities to enjoy all human rights and fundamental
freedoms without any discrimination and promotes
respect for their inherent dignity. Japan attaches great
importance to that instrument and participated actively
in the negotiations on the text that have taken place in
the Ad Hoc Committee since July 2002. We highly
appreciate the sustained efforts of all interested parties
to bring them to a successful conclusion. We also
would like to point out that civil society, and especially
persons with disabilities themselves, have made a great
contribution to the process by offering their special
perspectives on the Convention.
On this occasion, my delegation would like to
place on record the following understanding
concerning certain provisions of the Convention.
First, regarding the term “persons with
disabilities”, we understand that there was consensus
on a broad concept, rather than on a rigid definition,
and that therefore a State party may stipulate its own
appropriate definitions at the national level, in line
with that broad concept.
Secondly, with regard to paragraph 2 of article
12, we believe that the term “legal capacity” should
allow for a flexible interpretation, bearing in mind the
differences in national legal systems.
Finally, in accordance with the articles on
international monitoring, we are to establish a
Committee on the Rights of Persons with Disabilities
in the near future. We welcome that decision. However,
it will by no means be easy to maintain such a
Committee, bearing in mind the practical difficulties
that the overall treaty body system is facing due to the
fragmented treaty bodies and the reporting
requirements, as well as the fact that the resources of
the United Nations are not unlimited. Therefore, we
believe that all Member States should make every

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effort to maximize the efficiency of the international
monitoring mechanism, bearing in mind the ongoing
discussion on treaty body reform.
The adoption of the Convention should be not our
last achievement in this area, but rather the first. All
Member States must make further efforts to ensure and
promote the full realization of the rights of persons
with disabilities, as stipulated in the Convention. My
delegation would like to express the firm intention of
the Government of Japan to exert its utmost efforts to
sign and ratify the Convention.
Mr. Cho Hyun (Republic of Korea): It has been
four years since the Ad Hoc Committee was
established to consider proposals for a comprehensive
and integral international convention to promote and
protect the rights and dignity of persons with
disabilities.
As a country that participated actively in the
discussions and negotiations during those four years
aimed at drafting the Convention on the Rights of
Persons with Disabilities, Korea wholeheartedly
welcomes today’s adoption of the resolution upon the
conclusion of the Convention and its Optional
Protocol. We would also like to express our deep
appreciation to Ambassador MacKay of New Zealand,
who made this Convention a reality through his tireless
efforts and strong leadership.
The Korean Government agrees with other
Governments and with intergovernmental organizations
as to the value of this unprecedented and important
human rights Convention. The Convention opens a new
era in the human rights arena, enabling all persons with
disabilities to secure full and equal enjoyment of
human rights and participation in society. This
Convention is a product of cooperation, collaboration,
flexibility and compromise at their best. It would not
have materialized without incessant informal
discussions and intersessional exchanges of views
among all the stakeholders, in particular persons with
disabilities themselves.
The Republic of Korea would like to take this
opportunity to express its deep appreciation to all the
participants in the Ad Hoc Committee who supported
the inclusion of a separate article on women with
disabilities. Along with other provisions, that article
will help to guarantee effective implementation and
real progress in improving the situation of women with
disabilities. We would also like to express our gratitude

to the non-governmental organizations and civil
societies of many Member States that supported our
long and tortuous negotiations.
However pleased we may be by today’s adoption
of the Convention, we should not rest on our laurels.
Much remains to be done. The close cooperation and
enthusiasm shown by all the stakeholders during the
negotiations of the Ad Hoc Committee must be
sustained so that the words of the Convention can enter
into force without delay. Raising disability issues and
increasing awareness in society about this Convention
should be continuously encouraged.
Korea is committed to participating actively in
international endeavours to make this a Convention of
persons with disabilities, by persons with disabilities
and for persons with disabilities. Along with a review
to effect the necessary amendment of our related
domestic laws and regulations, the Korean Government
plans to sign the Convention in 2007. In addition,
Korea will hold a world assembly on persons with
disabilities in September 2007, which will discuss
follow-up steps after the Convention is adopted. Next
year, at the sixty-second session of the General
Assembly, we hope to celebrate the Convention’s entry
into force.
Mr. Benmehidi (Algeria) (spoke in French):
Algeria welcomes the adoption of the Convention on
the Rights of Persons with Disabilities. My delegation
joins preceding delegations in expressing its sincere
thanks to the Chairman of the Ad Hoc Committee,
Ambassador MacKay of New Zealand, and his
predecessor, Ambassador Gallegos Chiriboga of
Ecuador, for their tireless efforts to bring about the
adoption of this important and innovative instrument
within a relatively short period of time. My thanks and
congratulations go also to the members of the Bureau
of the Ad Hoc Committee and to the civil society
organizations — particularly the organizations for
persons with disabilities — the persons with
disabilities themselves and all others who worked
tirelessly for this Convention to come into being.
We consider this success to be an important and
historic step towards the recognition and rehabilitation
of 10 per cent of the world’s population. That
represents 650 million persons with disabilities, who
have long been considered a marginal fringe group of
our modern societies.

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Far from being an end in itself, this just
recognition of the rights of persons with disabilities —
which, by the way, are fundamental human rights —
requires every United Nations Member State not only
to subscribe to the general principles of promoting the
rights and dignity of persons with disabilities and
ensuring their full integration into society, but also to
translate those principles into everyday reality.
Indeed, the quest for social cohesion and the
sense of active solidarity with this category of persons
must guide our actions and orient our efforts so that
their lives will no longer be an endless fight for
recognition and against marginalization, but rather
reflect full participation in and make a substantial
contribution to the economic, social and political life
of their countries.
Mrs. Gallardo Hernández (El Salvador) (spoke
in Spanish): My delegation joins previous speakers in
welcoming today’s adoption of the Convention on the
Rights of Persons with Disabilities. This is a milestone
that will undoubtedly change the living conditions of
persons with disabilities. We hope that it will also help
to build more just and equitable societies. It is the first
legally binding international instrument in this area. At
the same time, it incorporates a perspective of the
development, promotion and protection of human
rights into a single instrument.
We also wish to join others in congratulating
Ambassador MacKay of New Zealand and Ambassador
Gallegos Chiriboga of Ecuador, who led our
discussions. El Salvador participated responsibly in
that collective effort.
We are pleased at the adoption of the text of the
Convention. Despite a diversity of positions, we
reached general agreement in the Ad Hoc Committee
on this matter. We also had broad participation by civil
society.
However, we wish to indicate the following
concerning article 25 (a). El Salvador understands that
the concept of sexual and reproductive health will be
applied in accordance with the provisions of national
legislation currently in force in that area.
Ms. Salicioni (San Marino): The Republic of San
Marino would like to associate itself with the statement
made by the presidency of the European Union in
welcoming the adoption by the General Assembly of

the Convention on the Rights of Persons with
Disabilities.
The Republic of San Marino believes that this
inclusive process, in accordance with the principle
“nothing about us without us”, has been one of the
most valuable ones in the area of international law. We
are certain that from now on, States parties will
recognize that persons with disabilities enjoy legal
capacity on an equal basis with others in all aspects of
life, which is as it should be.
We would like to join previous speakers in
thanking Ambassador MacKay, Chairman of the Ad
Hoc Committee, and all the other facilitators, whose
efforts were vital for the successful outcome of the
negotiations.
In conclusion, let me just add that the
Government of the Republic of San Marino intends to
proceed as soon as possible with the signing and
ratification of this Convention.
The Acting President: I now call on the observer
of the Observer State of the Holy See.
Archbishop Migliore (Holy See): On the
occasion of the adoption of the Convention on the
Rights of Persons with Disabilities, my delegation
would like to convey its appreciation to Ambassadors
Gallegos and MacKay for their dedicated leadership
during these long negotiations. Protecting the rights,
dignity and worth of persons with disabilities remains a
major concern for the Holy See. The Holy See,
convinced that disabled individuals possess full and
inalienable human rights, has consistently called for
them to be completely and compassionately integrated
into society. Therefore, from the very beginning, my
delegation has been a constructive and active partner in
these negotiations.
While there are many helpful articles in the
Convention, including those that address education and
the very important role of the home and the family,
surely the living heart of this document lies in its
reaffirmation of the right to life. For far too long, and
by far too many, the lives of people with disabilities
have been undervalued or thought to be of diminished
dignity and worth. My delegation worked assiduously
to make the text a basis upon which to reverse that
assumption and to ensure the full enjoyment of all
human rights by people with disabilities.

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That is why I would like to put on record the
Holy See’s position on certain provisions of the
Convention.
With regard to article 18, concerning liberty of
movement and nationality, and article 23, on respect
for home and the family, the Holy See interprets these
in a way which safeguards the primary and inalienable
rights of parents.
Further, my delegation interprets all the terms and
phrases regarding family planning services, regulation
of fertility and marriage contained in article 23, as well
as the word “gender”, as it did in its reservations and
statements of interpretation at the Cairo and Beijing
international conferences.
Finally, and most importantly, regarding article
25 on health, and specifically the reference to sexual
and reproductive health, the Holy See understands
access to reproductive health as being a holistic
concept that does not consider abortion or access to
abortion as a dimension of those terms. Moreover, we
agree with the broad consensus that was voiced during
negotiations and in the context of the preparatory work
done that this article does not create any new
international rights and is merely intended to ensure
that a person’s disability is not used as a basis for
denying a health service.

However, even with that understanding, we
opposed the inclusion of such a phrase in this article,
because in some countries reproductive health services
include abortion, thus denying the inherent right to life
of every human being, as affirmed by article 10 of the
Convention. It is surely tragic that, wherever foetal
defect is a precondition for offering or employing
abortion, the same Convention created to protect
persons with disabilities from all discrimination in the
exercise of their rights may be used to deny the very
basic right to life of disabled unborn persons.
For that reason, and despite the many helpful
articles this Convention contains, the Holy See is
unable to sign it.
In conclusion, my delegation considers that the
positive potential of this Convention will be realized
only when national legal provisions and
implementation by all parties fully comply with article
10 on the right to life of disabled persons.
I ask that this statement be included in the
records of this meeting.
The Acting President: The Assembly has thus
concluded this stage of its consideration of
sub-item (b) of agenda item 67.
The meeting rose at 1.05 p.m.