A/AC.265/2004/5
Report of the 3rd session 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. Part 1
UN Document Symbol | A/AC.265/2004/5 |
---|---|
Convention | Convention on the Rights of Persons with Disabilities |
Document Type | Report of the Ad Hoc Committee |
Session | 3rd |
Type | Document |
Description |
72 p. |
Subjects | Persons with Disabilities, Disability, Non-Governmental Organizations |
Extracted Text
United Nations A/AC.265/2004/5
General Assembly Distr.: General
9 June 2004
Original: English
04-38249 (E) 280704
*0438249*
Ad Hoc Committee on a Comprehensive and Integral
International Convention on the Protection and Promotion
of the Rights and Dignity of Persons with Disabilities
New York, 24 May-4 June 2004
Report of the third session 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
Part one
I. Introduction
1. In its resolution 56/168 of 19 December 2001, the General Assembly decided
to establish an Ad Hoc Committee to consider proposals for a comprehensive and
integral international convention to promote and protect the rights and dignity of
persons with disabilities, based on the holistic approach in the work done in the
fields of social development, human rights and non-discrimination and taking into
account the recommendations of the Commission on Human Rights and the
Commission for Social Development.
2. The General Assembly, in its resolution 58/246 of 23 December 2003, also
decided that, prior to its fifty-ninth session, the Ad Hoc Committee should hold two
sessions of a duration of 10 working days each in 2004.
II. Organizational matters
A. Opening and duration of the third session
3. 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 held its third session at United Nations Headquarters from 24 May
to 4 June 2004. In the course of its session, the Ad Hoc Committee held 18 plenary
meetings.
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4. The Division for Social Policy and Development of the Department of
Economic and Social Affairs acted as the substantive secretariat, while the
Disarmament and Decolonization Affairs Branch of the Department for General
Assembly and Conference Management served as secretariat of the Ad Hoc
Committee.
5. The third session of the Ad Hoc Committee was opened by the Chairman of
the Committee, Luis Gallegos Chiriboga, Ambassador and Permanent
Representative of Ecuador to the United Nations. The Under-Secretary-General for
Economic and Social Affairs, Jose Antonio Ocampo, Special Representative of the
Secretary-General, made a statement on behalf of the Secretary-General. The
Representative of New Zealand, Ambassador Don MacKay, on behalf of the
Chairman of the Working Group of the Ad Hoc Committee, introduced the report of
the Working Group (A/AC.265/2004/WG.1).
B. Officers
6. The following officers continued to serve on the Bureau of the Committee:
Chairman:
Luis Gallegos (Ecuador)
Vice-Chairmen:
Ivana Grollovà (Czech Republic)
Leslie Gatan (Philippines)
Jeanette Ndhlovu (South Africa)
Carina Mårtensson (Sweden)
C. Agenda
7. At the 1st meeting, on 24 May 2004, the Ad Hoc Committee adopted its
provisional agenda, as contained in document A/AC.265/2004/L.1, as follows:
1. Opening of the session.
2. Adoption of the agenda.
3. Organization of work.
4. Report of the Working Group of the Ad Hoc Committee.
5. Consideration of the draft text contained in the report of the Working
Group 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/AC.265/2004/WG.1, annex I).
6. Conclusions of the third session 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.
7. Consideration and adoption of the report of the third session of the Ad
Hoc Committee.
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D. Documentation
8. The Ad Hoc Committee had before it the following documents:
(a) Provisional agenda (A/AC.265/2004/L.1);
(b) List of participants (A/AC.265/2004/INF/1);
(c) Draft organization of work (A/AC.265/2004/CRP.1);
(d) Report of the Working Group looking at the protection of the rights of
persons with disabilities (A/AC.265/2004/CRP.2);
(e) Letter dated 3 March 2004 from the Permanent Representative of the
Russian Federation to the United Nations addressed to the Secretary-General
(A/AC.265/2004/1);
(f) Report of the United Nations High Commissioner for Human Rights on
progress in the implementation of the recommendations contained in the study on
the human rights of persons with disabilities (A/AC.265/2004/2);
(g) Use of the United Nations Voluntary Fund on Disability to support the
participation of non-governmental organizations and experts (A/AC.265/2004/3);
(h) Compilation of proposals for a comprehensive and integral international
convention on protection and promotion of the rights and dignity of persons with
disabilities (A/AC.265/CRP.13 and Add.1);
(i) Report of the Working Group to the Ad Hoc Committee
(A/AC.265/2004/WG.1);
(j) First session 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: draft text, including related references
(A/AC.265/WG.2), CD-ROM version only.
III. Organization of work
9. During its plenary meetings (24 May-4 June 2004), the Ad Hoc Committee
conducted a first reading of the draft text of the convention as contained in the
report of the Working Group (A/AC.265/2004/WG.1). The Committee considered
articles 1 to 24, issues of international cooperation and the preamble. The
Committee decided to defer the consideration of the title, the structure, part of the
preamble, definitions (article 3) and monitoring (article 25) to its fourth session, to
be held from 23 August to 3 September 2004.
IV. Decision
10. At its 18th meeting, on 4 June 2004, the Ad Hoc Committee decided to
postpone to its fourth session its consideration of a compilation (contained in annex
II to the present report) of proposed revisions and amendments made by the
members of the Ad Hoc Committee to the draft text presented by the Working Group
as a basis for negotiations by Member States and Observers in the Ad Hoc
Committee.
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V. Recommendations
11. The Ad Hoc Committee invites the Bureau of the Ad Hoc Committee to hold
an intersessional meeting regarding the preparation and organization of its fourth
session, including a provisional agenda, to be issued at least three weeks prior to the
beginning of the session, containing, inter alia, the timetable and programme of
work.
12. With regard to accessibility, and in accordance with General Assembly
decision 56/473, the Committee strongly recommends that the Secretary-General
implement some measures, within existing resources, as further steps to facilitate
access to United Nations premises, technology and documents. The Committee,
therefore, invites, inter alia, persons with disabilities and experts to present
proposals in this regard.
VI. Adoption of the report of the Ad Hoc Committee
13. At the 18th meeting, on 4 June 2004, the Committee adopted the draft report to
the General Assembly at its fifty-ninth session (A/AC.265/2004/L.2), as orally
amended.
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Annex I
Additional list of non-governmental organizations
accredited to 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
1. Bizchut, the Israel Human Rights Centre for People with Disabilities
2. International Paralympic Committee
3. People with Disabilities in Ireland
4. Tunisian Association for the Promotion of Employment for the Handicapped
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Annex II
Compilation of proposed revisions and amendments made
by the members of the Ad Hoc Committee to the draft text
presented by the Working Group as a basis for negotiations
by Member States and Observers in the Ad Hoc
Committee*
Draft [comprehensive and integral European Union
(EU), Sierra Leone, Pakistan] international convention on
[the protection and promotion of the rights and dignity of
EU, Sierra Leone] (the full and equal enjoyment of all
human rights and fundamental freedoms by EU, Sierra
Leone) persons with disabilities1
The States Parties to this Convention,
(a) Recalling the principles proclaimed in the Charter of the United Nations
which recognize the inherent dignity (, worth Holy See) and the equal and
inalienable rights of all members of the human family as the foundation of freedom,
justice and peace in the world,
(b) Recognizing that the United Nations, in the Universal Declaration of
Human Rights [and in the International Covenants on Human Rights Pakistan],
has proclaimed and agreed that everyone is entitled to all the rights and freedoms set
forth therein, without distinction of any kind,
(c) Reaffirming the universality, indivisibility (inalienability, irrevocability
Costa Rica) and interdependence of all human rights and fundamental freedoms
and [the need for EU] (and that persons with disabilities are EU) [persons with
disabilities [to be EU] guaranteed Sierra Leone] their full enjoyment without
(any form of South Africa) discrimination,
(d) [Reaffirming also Pakistan] (recalling Pakistan) the International
Covenant on Economic, Social and Cultural Rights, the International Covenant on
Civil and Political Rights, the International Convention on the Elimination of All
Forms of Racial Discrimination, the International Convention on the Elimination of
All Forms of Discrimination against Women, the Convention against Torture and
Other Cruel, Inhuman or Degrading Treatment or Punishment, the Convention on
the Rights of the Child, [and the International Convention on the Protection of the
Rights of All Migrant Workers and Members of Their Families,2 EU, Israel,
Canada, Costa Rica]
__________________
* In the draft, [...] indicates deleted text, (...) indicates added text.
1 Several members of the Working Group made proposals on alternative structures for the draft
Convention and also to its title. The Ad Hoc Committee may wish to further consider the structure
and title of the draft.
2 Some members of the Working Group considered that there should not be a reference to the
Migrant Workers Convention on the grounds that it did not have the same status as the other
international covenants and conventions listed. Other members pointed out that the Convention
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(It is recommended that appreciation be extended to the World Conference against
racism, racial discrimination, xenophobia and related intolerance, held in South
Africa in 2001, which gave impetus to the resolution promoting the work of the
United Nations in the elaboration of an International convention on the rights of
persons with disabilities Chile)
(Recognizing that the exercise of the right to development, as a universal and
inalienable right, is a prerequisite to the integral and sustainable solution to meeting
the needs of persons with disabilities Cuba)
(e) Recognizing the importance of the principles and policy guidelines
contained in the (United Nations Namibia) Standard Rules on the Equalization of
Opportunities for Persons with Disabilities in influencing the promotion,
formulation and evaluation of the policies, plans, programmes and actions at the
national, regional and international levels to further equalize opportunities for
persons with disabilities,
(f) Recognizing also that discrimination (and violence Costa Rica)
against any person on the basis of disability is a [violation of EU] (affront to
EU) the inherent dignity of the human person,
(g) Recognizing further [[the diversity India, Pakistan] (the diverse nature
of disabilities Pakistan) (the wide range of abilities, skills, functional
competencies and concerns of India) of [persons with disabilities Morocco,
Argentina] South Africa] (disabilities Morocco, Argentina) (, their needs and
requirements Thailand) (that person that disabilities are not a homogeneous
group, but diverse in their own right South Africa),
(h) Concerned that, despite [the efforts and actions EU] (these various
instruments and undertakings EU) [undertaken by Governments, bodies and
relevant organizations EU], persons with disabilities continue to face barriers in
their (equitable South Africa) participation as equal members of society and
violations to their human rights in all parts of the world,
(i) [[Emphasizing India, Namibia] (Recognizing India, Namibia) the
importance of international cooperation3 (because of its multisided benefit to all
member countries Lebanon) promote the full enjoyment of (all Cuba,
Lebanon) human rights and fundamental freedoms of (all Lebanon) persons with
disabilities,4 EU, Syrian Arab Republic] (Recognizing the importance of
international cooperation for improving the living conditions of persons with
disabilities in every country, in particular in the developing countries EU, Syria,
Argentina)
(j) Emphasizing also the existing and potential contributions [made by
Namibia] (of Namibia) persons with disabilities to the overall well-being and
diversity of [their communities Lebanon] (the society Lebanon), and that the
__________________
had entered into force and should therefore be listed.
3 Some members of the Working Group considered that there should not be a reference to
international cooperation in the preamble, or that it should be subject to final agreement on
whether the issue of international cooperation should be addressed in the Convention, and if so,
where it should be included.
4 The following alternative formulation was also proposed for consideration: Recognizing the
importance of international cooperation for improving the living conditions of persons with
disabilities in every country, in particular in the developing countries.
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promotion of the full enjoyment by persons with disabilities of (all Cuba) their
human rights and fundamental freedoms and of full participation by persons with
disabilities will result in significant advances in the human, social and economic
development of [their societies Lebanon] (the society Lebanon) [and the
eradication of poverty EU],
(k) Recognizing the importance for persons with disabilities of their
individual autonomy and independence, including the freedom to make their own
choices,
(l) Considering that persons with disabilities (and their families India,
Pakistan) (and care-givers Pakistan) should have the opportunity to be actively
involved (and taking leading roles Republic of Korea) in decision-making
processes about policies and programmes, [especially those directly concerning
them South Africa, Namibia],
(m) Concerned about the difficult conditions faced by persons with [[severe
or Argentina] multiple Canada, Yemen, Cuba, Namibia, Lebanon] disabilities
[and of persons with disabilities Costa Rica] (and in particular those Costa
Rica) who are subject to [multiple or aggravated Lebanon] [forms of EU]
discrimination [on the basis of race, colour, sex, language, (and the kind and degree
of disability Lebanon) (age, Sierra Leone, Israel, Costa Rica) religion,
political or other opinion, (ethnic, Canada) national or social origin, property,
birth (, sexual orientation EU, Brazil) or other status,5 Pakistan]
(n) Emphasizing the need to incorporate a gender perspective in all efforts to
promote the full enjoyment of (all Cuba) human rights and fundamental freedoms
by persons with disabilities,
((n bis) Recognizing that women and girls with disabilities are often subject to
multiple discrimination and therefore suffer particular disadvantages
(n ter) Recognizing that persons with disabilities, in particular women and
girls, are at greater risk, both within and outside the home, of violence, injury or
abuse, neglect or negligent treatment, maltreatment or exploitation, including sexual
exploitation and abuse EU)
(o) [[Mindful (that conditions of poverty can exacerbate the incidence and
situations of persons with disabilities India) of Cuba] (Concerned by Cuba)
the need to [alleviate Cuba] (eradicate Cuba) the negative impact of poverty
on (causing disabilities and the quality of life of persons with disabilities
Argentina) the conditions of persons with disabilities,6 (in accordance with the
Millennium Declaration on this matter Chile) (and therefore convinced of the
need to eradicate it Costa Rica) EU] (Recognizing that a disproportionately
large number of persons with disabilities live in conditions of poverty and mindful
of the need to alleviate the negative impact of poverty on persons with disabilities
EU, Brazil)
(p) Concerned that [situations of Sierra Leone, Saudi Arabia, Lebanon]
armed [conflict Sierra Leone] (conflicts Sierra Leone) (and foreign occupation
of territories and assets of others Syrian Arab Republic, Yemen, Saudi Arabia,
__________________
5 See the footnotes to paragraph 1 (c) of draft article 23 on social security and an adequate
standard of living.
6 Some members of the Working Group had reservations about the wording of this paragraph.
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Lebanon) [have especially South Africa] (cause disabilities and have South
Africa) devastating consequences for the [human Sierra Leone] rights of persons
with disabilities,
(q) Recognizing the importance of accessibility to the physical, (political
South Africa, Yemen) social and economic (cultural South Africa, Yemen, Costa
Rica) environment and to information and communication, [including information
and communication Yemen] technologies, in enabling persons with disabilities to
fully enjoy all human rights and fundamental freedoms,
((q bis) Recognizing the important role that persons with disabilities can play
in the sustainable development of their communities Costa Rica)
(r) Convinced that a convention [dealing specifically with (full enjoyment of
Sierra Leone) (all Cuba) [the human rights of EU] (the enjoyment of
human rights by EU) persons with disabilities Pakistan] (addressing
specifically the rights and dignity of persons with disability Pakistan) will make a
significant contribution to (the improvement of the Human Development Index of
this group and the world population in general Chile) redressing the profound
[social EU] disadvantage of persons with disabilities and promote their
participation in the civil, political, economic, social and cultural [spheres
Pakistan] (activities Pakistan) [with equal opportunities Canada], in both
developing and developed countries,
((s) Recognizing the particular circumstances of the child with disabilities
and that the child with disabilities should enjoy the right to a full and inclusive life
in conditions that ensure dignity, promote self reliance and autonomy and facilitate
their active participation in the community EU)
(Recognizing that many persons with disabilities suffer double or multiple
discrimination because of their status as children, women, refugees or internally
displaced, older persons, people living in rural areas and people living in informal
settlements.
Noting with concern that there exists, in various parts of the world, harmful cultural
practices and beliefs that have continued to impact negatively on the rights of
persons with disabilities.
Recognizing that HIV/AIDS impacts negatively on persons with disabilities in all
spheres of life. Kenya)
(Recognizing that a comprehensive, integral and interdisciplinary approach to the
issues facing persons with disabilities is essential to the achievement of full and
effective equalities for persons with disabilities Israel)
Hereby agree as follows:
Article 1
Purpose
The purpose7 of this Convention shall be to [seek the full and equal enjoyment
India] ensure [promote and protect Thailand] (ensure Thailand) the [equal
__________________
7 Some members of the Working Group suggested that international cooperation should be
included as one of the objectives of the Convention. Other members suggested that international
cooperation was a means to achieve the objectives of the Convention, and not an objective itself.
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Egypt] (promotion and protection Egypt, Eritrea) (effective Jordan) (full
EU) and equal enjoyment of all human rights and fundamental freedoms (and strive
for elimination of discrimination against India) by persons with disabilities.8
(The purpose of this Convention shall be to protect and promote (all Mexico) the
rights and (dignity Mexico) of persons with disabilities China).
(The purpose of the present convention is to promote and protect the full enjoyment
of all rights by and the dignity of persons with disabilities on the basis of universal
principles of equality and equity Mexico, Colombia)
(The purpose of the present convention is to prevent discrimination and violation of
the rights of persons with disabilities and to ensure their participation as equal
members of society Sierra Leone)
(The purpose of this convention shall be to promote, protect and fulfil the full and
equal enjoyment of all rights and fundamental freedoms of all persons with
disabilities Uganda)
Article 2
General principles
The fundamental principles of this Convention shall be:
(In their actions to achieve the objective of the convention and to implement its
provisions, the parties shall be guided inter alia by the following fundamental
principles: Japan)
(a) Dignity, individual autonomy including the freedom to make ones own
choices, and [independence Costa Rica] (independent life Costa Rica) of
persons;
(b) Non-discrimination;
(c) [Full inclusion of persons with disabilities as equal citizens and
participants in all aspects of life; EU, Mexico, Costa Rica] (Full and effective
participation and inclusion in society on an equal basis for persons with disabilities
EU, Mexico, Costa Rica)
(d) Respect for difference and acceptance of disability as part of human
diversity and [humanity Mexico, South Africa] (human dignity Mexico, South
Africa)
(e) Equality of opportunity.
(International cooperation Mali, Sudan, Eritrea, Jordan)
(Equality between men and women Canada, Mexico, Costa Rica, Norway)
(Affirmative action to correct disadvantage occasioned by disability; the
indivisibility and interdependence of rights as they relate to persons with
disabilities; the progressive realization of economic, social and cultural rights
Kenya)
__________________
See also preambular paragraph (i).
8 An alternative formulation that the Ad Hoc Committee may wish to consider is: The purpose of
this Convention shall be to protect and promote the rights of persons with disabilities.
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(Special attention will be paid to the situation of persons with severe, intellectual
and multiple disabilities India)
(The social model will be preferred over the medical model, however there may be
provisions for affirmative action in specific situations of disadvantage India)
(Personal development in and enjoyment of all stages of life Costa Rica)
(Accessibility and universal design South Africa, Thailand)
(Realization of a barrier-free environment Japan)
(Disability inclusive international cooperation Thailand)
(Self-determination. Actualization of full human potential. Empowerment of
disabled persons, basic principle to the social model Jordan)
((2 bis) [States parties shall undertake all appropriate legislative, administrative and
other means for the implementation of the present convention Russian
Federation]. With regard to economic, social and cultural rights, States Parties shall
undertake such measures to the maximum extent of their available resources and,
where needed, within the framework of international cooperation EU, India,
Mexico, Thailand)
Article 3
Definitions9
Accessibility10
Communication includes oral-aural communication, communication using sign
language, tactile communication, Braille, large print, audio, accessible multimedia,
human reader and other augmentative or alternative modes of communication,
including accessible information and communication technology.11
Disability12
Persons with disability13
__________________
9 In the consideration of this article, the Ad Hoc Committee may wish to take into account the
different proposals that were presented to the Committee and the Working Group regarding the
specific definitions of the concepts herein contained.
10 The need for a definition of accessibility and the content of any definition will depend on the
outcome of the discussion in the Ad Hoc Committee on draft article 19 on accessibility.
11 The Ad Hoc Committee may wish to consider the need for a definition of communication
(separate from draft article 13 on freedom of expression and opinion), and if so, the content of
that definition.
12 Many members of the Working Group emphasized that a convention should protect the rights of
all persons with disabilities (i.e. all different types of disabilities) and suggested that the term
disability should be defined broadly. Some members were of the view that no definition of
disability should be included in the Convention, given the complexity of disability and the
risk of limiting the ambit of the Convention. Other delegations pointed to existing definitions
used in the international context, including the World Health Organizations International
Classification of Functioning, Disability and Health (ICF). There was general agreement that if
a definition was included, it should be one that reflected the social model of disability, rather
than the medical model.
13 Some members of the Working Group considered that it was more important to include this
definition than the definition of disability. Other members were of the view that a definition
of this term was not necessary.
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Discrimination on the ground of disability14
Language includes oral-aural language and sign language.15
Reasonable accommodation16
Universal design and Inclusive design.17
[Article 4
General obligations18,19
1. [[States Parties undertake (guaranteeing the exercise and enjoyment
Argentina) to ensure [the full realization of all human rights and fundamental
freedoms for all individuals [within their jurisdiction20 Canada] without
discrimination of any kind on the basis of disability. Lebanon] (achievement of
the purpose of the convention and the rights that are guaranteed by this convention
Lebanon) To this end, States Parties undertake: China]
(States parties undertake to adopt legislative, administrative and other measures to
ensure the full realization of all human rights and fundamental freedoms for all
individuals within their jurisdiction without discrimination of any kind on the basis
of disabilities. With regard to economic social and cultural rights, States parties
shall undertake such measures to the maximum extent of their available resources
and, where needed, within the framework of international cooperation China)
(In order to secure non-discrimination of persons with disabilities, States
Parties undertake in particular EU):
__________________
14 This definition is addressed in draft article 7 on equality and non-discrimination. The Ad Hoc
Committee may wish to consider the best placement for this definition.
15 Some delegations were of the view that the separate draft articles of the Convention specified
that language included sign language, and questioned the need for that definition in the present
article. Others expressed the view that the definition was needed.
16 The definition of this concept was not discussed beyond the definition that is included in draft
article 7, although the Working Group considered it necessary to include it.
17 These definitions were not discussed, but the Working Group considered that they would be
useful.
18 Both the Bangkok draft and the Chairs draft included in this section a paragraph on remedies.
Some members of the Working Group noted that while the International Covenant on Civil and
Political Rights included such a provision, the International Covenant on Economic, Social and
Cultural Rights did not. It may be difficult, therefore, to include such an article in a convention
that elaborates the rights contained in both Covenants. The Ad Hoc Committee may wish to
consider this issue further.
19 The issue of the progressive realization of economic, social and cultural rights was raised by
several delegations during the Working Groups discussion. The Working Group noted that,
consistent with existing international human rights law, the concept would apply to some of the
rights in the Convention (the economic, social and cultural rights), but not to others (the civil
and political rights). The Ad Hoc Committee will need to consider how best to incorporate this
issue into the Convention, and may wish to note the precedent set in the Convention on the
Rights of the Child. The debate was raised in relation to other articles also.
20 The phrase within their jurisdiction will need closer examination by the Ad Hoc Committee. It
is taken from article 2 of the Convention on the Rights of the Child. It may be too inclusive and
imply, for example, that rights that are not guaranteed for non-citizens could be extended to noncitizens
with disabilities. Article 1 (2) of the International Convention on the Elimination of All
Forms of Racial Discrimination may offer an alternative approach, but that may be too exclusive
and imply that non-citizens with disabilities do not enjoy any of the protections of the present
Convention.
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(To respect and ensure the rights set forth in the present convention and to
adopt Japan)
(a) [To adopt (appropriate Japan) legislative, administrative and other
measures to give effect to this Convention, and to amend, repeal or nullify any laws
and regulations and to discourage customs or practices that are inconsistent with this
Convention EU, China];
(to take effective measures to review governmental, national and local policies, and
to amend, rescind or nullify any laws or regulations which have the effect or purpose
of creating or perpetuating such discrimination wherever it exists; EU, China)
(to amend, repeal or nullify any laws or regulations and discourage customs or
practices that are inconsistent with this convention China)
(States Parties shall undertake all appropriate legislative, administrative, and other
measures for the implementation of the rights recognized in the present convention.
With regard to economic, social and cultural rights, States Parties shall undertake
such measures to the maximum extent of their available resources and, where
needed, within the framework of international cooperation Argentina)
(b) To embody the [rights EU] (principles EU) of equality (of
opportunity EU) and non-discrimination on the ground of disability in their
national constitutions or other appropriate legislation, if not yet incorporated
therein, and to ensure, through law and other appropriate means, the practical
realization of these rights;
(c) [To [mainstream Thailand] (integrate Thailand) disability issues
into all economic and social development policies and programmes (including
international cooperation Thailand) (including specific allocation of resources to
satisfy obligations towards persons with disabilities Kenya)];
(States shall ensure that the needs and concerns of persons with disabilities are
incorporated into economic and social development plans and policies, and not
treated separately EU)
(d) To refrain from engaging in any act or practice [that is inconsistent with
this Convention EU] (of discrimination against persons with disabilities EU)
and to ensure that public authorities and institutions act in conformity with this
[Convention EU] (obligation EU);
(e) To take all appropriate measures to eliminate discrimination on the
ground of disability by any person, organization or [private EU] enterprise;
[Discrimination does not include provisions, criteria or practices that are objective
and demonstratively justified by the State Party by a legitimate aim and where the
means of achieving that aim are reasonable and necessary India]
(f) [To [promote21 Uganda] (ensure Uganda) the development,
availability and use of universally designed goods, services, equipment and facilities
(including assistive technologies Thailand). [Such goods, services, equipment
and facilities should require the minimum possible adaptation and the least cost to
meet the specific needs of a person with disabilities Thailand] New
__________________
21 The Ad Hoc Committee may wish to consider whether a term that places stronger obligations on
States Parties should replace promote.
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Zealand].22 (Promote and where appropriate undertake the research, development,
production, application and dissemination of new technologies in order to make
available to persons with disabilities goods, services, equipment and facilities
acceptable to them and aimed at their fullest inclusion in society, and based on the
principle of universal design New Zealand)
((g) To provide the conditions and environments under which persons with
disabilities may live in a self-sustained manner by fully exercising their capacity
Japan)
(To establish credible and effective structures to oversee implementation and
monitoring; to ensure a barrier free society through the establishment of an effective
enabling environment; to provide particular protection and support for persons with
disabilities who are vulnerable on account of situations such as conflict and natural
disasters or because of their status as children, women and persons living with
HIV/AIDS. Kenya)
(In relation to the economic, social and cultural rights of this convention, States
Parties undertake to give immediate effect to those aspects of those rights which are
capable of immediate implementation (including, but not limited to, obligation of
non-discrimination in the enjoyment of those rights) and in relation to other aspects
of those rights, progressively the full realization of those rights by all appropriate
means India)
2. In the (planning New Zealand) development and implementation (and
evaluation New Zealand) of policies (standards and guidelines to give effect to
the provisions of the Convention New Zealand) [and legislation to implement this
Convention New Zealand], States parties shall do so in [close India]
consultation with, and include the active involvement of] (partnership with New
Zealand), persons with disabilities (their families India) and their representative
organizations (and care-givers Trinidad and Tobago) (, recognizing the expertise
of persons with disabilities and the leadership they can provide in all affairs
concerning them New Zealand).
(States when developing and implementing policies and legislation to give effect to
this convention, shall take appropriate measures to ensure adequate consultation
with, and involvement of, persons with disabilities and their representative
organizations EU)
(3. States parties shall undertake all appropriate legislative administrative and
other measures for the implementation of the rights recognized in the present
convention with regard to economic social and cultural rights, particularly with
regard to art 9d, 13, 15, 16, 17, 19 to 24. States parties shall undertake such
measures to the maximum extent of their available resources with a view to
achieving progressively the full realization of such rights and when needed within
the framework of international cooperation Israel) EU: see article 3 bis]
__________________
22 The Ad Hoc Committee may wish to consider whether the term universal design or its near
synonym inclusive design should be used here and throughout the Convention. The Ad Hoc
Committee may also wish to consider whether this paragraph should remain as part of draft
article 4, be incorporated into draft article 19 or be a separate article in its own right.
A/AC.265/2004/5
[[Article 5
Promotion of positive attitudes [to] (towards Canada) persons with
disabilities EU]
(Creation and raising of awareness South Africa)
(Creation of a culture of respect and inclusion Mexico)
1. [States Parties undertake to adopt (by appropriate and active means
Australia) [[immediate Argentina] and effective measures Australia] to:
EU: see article 3 bis]
(a) Raise awareness throughout society regarding [disability Swaziland]
(in various forms Philippines) and persons with disabilities (their needs, potential
and contribution to society Uganda) (and foster (a culture of Mexico) respect
for the rights of persons with disabilities EU) (and their human rights Costa
Rica);
(b) Combat (negative Trinidad and Tobago) stereotypes (negative cultural
practices Trinidad and Tobago) and prejudices about persons with disabilities;
(Combat practices whether cultural religious or other which discriminate persons
with disabilities. Kenya)
[(c) [[Promote] (To commit ourselves to Arab Group) an image of
Canada] (portray Canada, New Zealand) persons with disabilities (irrespective of
type, severity and complexity of their disabilities Thailand) as capable and
contributing members of society sharing the same rights and freedoms (and
responsibilities Philippines) as all others and in a manner consistent with the
overall purpose of this Convention. New Zealand]
2. [These measures shall include, among others:
[(a) Initiating and maintaining (promoting Canada) an effective [public
Yemen] (social Yemen) [awareness Canada] (policies Costa Rica)
campaign designed to [nurture (awareness of and respect for) [receptiveness
Canada] South Africa] (respect and protection Philippines) (promote the rights
of persons with disabilities South Africa) to the rights of persons with
disabilities;
(b) [Promoting awareness South Africa] (to develop and maintain
programmes of awareness South Africa) (in their population Costa Rica),
including in all children from an early age and at all levels of the education system,
to foster an attitude of respect for the rights of persons with disabilities; EU: see
article 3 bis]
(c) Encouraging all organs of the media to [project an image of Canada]
(portray Canada, New Zealand) persons with disabilities (in a manner Canada)
consistent with [the purpose Canada] of this Convention (through inter alia the
use of proper terminology Trinidad and Tobago);
[(d) Working in partnership with persons with disabilities and their
representative organizations (and families Uganda) in all measures taken to give
effect to the obligations contained in this article. EU: see article 3 bis] New
Zealand]
A/AC.265/2004/5
Article 6
Statistics and data collection23
(Collection and protection of statistics and data Uganda)
(Collection and protection of statistics Colombia)
[In order to formulate and implement appropriate (regulations and Mexico)
policies to protect and promote the rights of persons with disabilities, States Parties
[should encourage] (should include in their data gathering programme
Philippines) (actions for Mexico) the collection (, compilation Mexico),
analysis and [codification Mexico] (dissemination Mexico) (and dissemination
Costa Rica) of statistics (on persons with disabilities Mexico) and
[information on disabilities Mexico] (and their surroundings Mexico) and on
the effective enjoyment of human rights by persons with disabilities. The process of
[collecting Mexico] (collection Mexico) and [maintaining Mexico]
(preservation Mexico) this information [should Costa Rica] (shall Costa
Rica):
(a) Respect the right to privacy, the dignity and the rights of persons with
disabilities, (. Therefore Mexico) [and Mexico] the [information collected
from persons with disabilities Mexico] (collection of disability statistics
Mexico) [should Costa Rica] (shall Costa Rica) be [on a voluntary basis
Eritrea, Mexico] (treated with sensitivity Eritrea) (done with the consent of
persons with disabilities Mexico);
(b) [Be kept only in a statistical format without identifying individuals and
[should Costa Rica] (shall Costa Rica) be kept secure to prevent unauthorized
access or misuse of information Mexico] (Adhere to ethic regulations and
principles regarding respect of anonymity and confidentiality, as well as the use of
the disability statistics for social awareness Mexico);
[(c) (The governmental authorities responsible for statistics in the States
Parties shall Mexico) [Ensure that the design and implementation of data
collection is done in partnership with persons with disabilities, their representative
__________________
23 There were differing views within the Working Group regarding the inclusion of this draft
article. Some delegations strongly supported the inclusion of an article on statistics and data
collection in the text of the Convention for several reasons. Data collection is recommended in
rule 13 of the Standard Rules on the Equalization of Opportunities for Persons with Disabilities.
Its inclusion could allow States to respond more effectively to the needs of persons with
disabilities and to have an accurate assessment of the situation of the persons concerned so as to
implement programmes for their benefit. General Assembly resolution 58/132 of 22 December
2003, in paragraph 8, also deals with the issue of data and statistics. In the present draft article,
the respect for the right to privacy is fundamental.
Other delegations opposed the inclusion of an article on statistics and data collection in
the Convention, for several reasons. They expressed a concern for the respect of the right to
privacy and the risk of misusing the information, and considered that such an article did not
belong in a human rights treaty. They considered that statistics were not useful as a policy tool,
and that resources spent in data collection should be used instead in programmes for persons
with disabilities. There should be a mainstreaming of surveys and not just surveys for persons
with disabilities.
Other delegations suggested that the draft article should be re-titled. One suggestion was
Collection and protection of statistics and data. It was clearly considered that any data
collected on disabilities must not infringe on the human rights of persons with disabilities.
A/AC.265/2004/5
organizations and [all Mexico] other [relevant Mexico] (interested Mexico)
stakeholders; Jordan] New Zealand]
(d) [[Be disaggregated Mexico] (Disaggregate the data Mexico)
according to the purpose of the collection of [information Mexico] (statistics
Mexico) and should include (at least, information about Mexico, Lebanon) age,
sex [and type of disability Lebanon] (if it is located in rural or urban areas
Costa Rica); (States should move away from statistical investigations that merely
enumerate impairments that can become a statistical means of pathologizing people
with disabilities Lebanon) Jordan]
(e) Include detailed information on their access to public services,
rehabilitation programmes, education, housing and employment (and other relevant
areas Lebanon) (health care, training, social security and housing Algeria) (as
well as the barriers faced by persons with disabilities to exercise their rights
Mexico);
(f) [Adhere to established ethics regarding respect for anonymity and
confidentiality in the collection of statistics and data Mexico] (Establish
regulations and mechanisms to safeguard disability statistics and ensure their
adequate use Mexico) EU]
((g) States Parties shall assume the responsibility for the dissemination of
disability statistics and ensure its accessibility to all interested stakeholders
Mexico)
(2. States parties should include disability figures among the indicators to assess
the development of the country reflecting the close link between poverty and
disability when relevant Lebanon)
(The States parties should provide conducive environment that would encourage
non-governmental organizations and the private sector to conduct research and
studies on the issues of concern to persons with disabilities Philippines)
(Where necessary, States Parties shall collect appropriate information to enable them
to formulate and implement policies to give effect to this Convention. The process
of collecting and maintaining this information should:
(a) Comply with legally established safeguards to ensure confidentiality and
respect for the privacy of persons with disabilities, including legislation on data
protection;
(b) Comply with internationally accepted norms to protect human rights and
fundamental freedoms;
(c) Where appropriate, be undertaken in collaboration with and following
consultation of organizations of persons with disabilities. EU)
[Article 7
Equality and non-discrimination
[1. States Parties recognize that all persons are equal before (and under
Canada) the law and are entitled without [any discrimination] (all forms of
discrimination Japan) to the equal protection (and equal benefit Canada) of the
law. States Parties shall prohibit any (such Israel) discrimination on the basis of
disability, and guarantee to all persons with disabilities equal and effective
A/AC.265/2004/5
protection against discrimination. [States Parties shall also prohibit any
discrimination and guarantee to all persons with disabilities equal and effective
protection against discrimination [on any ground such as race, colour, sex, language,
religion, political or other opinion, national (ethnic Canada) or social origin,
property, birth, source or type of disability, age (health Kenya) (health, marital
status, belief, culture African Group) or any other status. China, Australia]
Israel]
2. (a) [Discrimination shall mean any distinction, exclusion (, additional
obligations or burdens New Zealand) or restriction (, condition, act or policy
Israel) which has the purpose or effect of impairing or nullifying the recognition,
enjoyment or exercise by persons with disabilities, [on an equal footing] (on a basis
of equality with others Canada), of all human rights and fundamental freedoms;]
(For the purpose of the present convention the term discrimination against persons
with disabilities shall mean any distinction exclusion or restriction made on the
basis of disability which has the effect or purpose of impairing or nullifying the
recognition enjoyment or exercise by persons with disabilities on a basis of equality
of human rights and fundamental freedoms in the political economic, social, cultural
civil or any other field Argentina) (public, private and familiar Costa Rica)
(b) [Discrimination shall include all forms of discrimination, [including
direct, indirect24 Yemen] and systemic, and shall also include discrimination
based on an actual (past Israel) (disability Canada) or a disability (that is
Canada) [perceived]25 (or attributed by society Canada) (imputed Australia)
disability Japan] (or by association with a person with a disability Australia).
3. [Discrimination does not include a provision, criterion or practice that is
objectively and demonstrably justified by the State Party by a legitimate aim and
where the means of achieving that aim are reasonable and necessary.26 (and
consistent with international human rights law Japan, African Group, Canada).
Australia]
4. In order to secure the right to equality for persons with disabilities, States
Parties undertake to take all appropriate steps, including by legislation, [to provide]
(to ensure Israel) (adequate and Costa Rica) [reasonable accommodation
__________________
24 Some members of the Working Group considered that the Convention should have a specific
reference to both direct and indirect discrimination. Other members considered that the
distinction between the two forms of discrimination was not sufficiently clear. They considered
that both a reference to all forms of discrimination in paragraph 1, and the reference to the
effect of discrimination in paragraph 2 (a), would cover the concept of indirect discrimination.
25 The Ad Hoc Committee may wish to consider the scope of this term, and whether it should
apply to the individuals perception of themselves, or societys perception of them.
26 This paragraph has not appeared in any of the core international human rights treaties, although
the concept has been developed in the jurisprudence of the treaty bodies. The Human Rights
Committee has included it, for example, in its general comment on article 26 of the International
Covenant on Civil and Political Rights. The Working Group discussed three options for the
consideration of the Ad Hoc Committee: (a) The paragraph should not appear in the text at all;
(b) the paragraph should be included only as an exception to the specific prohibition on indirect
discrimination; and (c) the paragraph should apply to all forms of discrimination. In addition to
those options, some members proposed adding the following phrase to the end of the paragraph:
... and consistent with international human rights law.
A/AC.265/2004/5
Yemen] (acceptable accommodation Yemen),27 defined as necessary and
appropriate modification and adjustments to guarantee to persons with disabilities
the enjoyment or exercise on an equal footing of all human rights and fundamental
freedoms, [unless such measures would impose [a disproportionate burden]
Kenya] (an unjustifiable hardship Australia) (unreasonable difficulties China).
(In determining whether the burden in question is disproportionate consideration
should be given to all relevant factors including the availability of state funding for
the purpose of making accommodations Israel).
5. [[Special] (positive Canada) measures28] (measures of affirmative action
Colombia) (such as positive discrimination and positive action Israel) aimed at
accelerating de facto equality of persons with disabilities shall not be considered
discrimination as defined in the present Convention, [but shall in no way entail as a
consequence the maintenance of unequal or separate standards; [those measures
shall be discontinued when the objectives of equality of opportunity and treatment
have been achieved.29 Japan] Lebanon] EU]
(Nothing in this article shall prevent limiting the scope of special measures on a
rational basis in accordance with the severity of the disability Israel) EU: see
article 3 bis]
__________________
27 The Ad Hoc Committee may wish to consider the following points when considering the term
reasonable accommodation:
The Working Group considered that there was a need for a concept such as reasonable
accommodation in the Convention in order to secure compliance with the principle of nondiscrimination.
There was widespread agreement in the Working Group on the need to keep the notion
both general and flexible in order to ensure that it could be readily adapted to different sectors
(e.g., employment, education, etc.) and in order to respect the diversity of legal traditions.
There was also general agreement that the process of determining what amounted to a
reasonable accommodation should be both individualized (in the sense that it should
consciously address the individuals specific need for accommodation) and interactive as
between the individual and the relevant entity concerned. It was understood that an entity should
not be allowed to compel an individual to accept any particular reasonable accommodation. It
was also felt, however, that in situations where a range of reasonable accommodations was
available each of which was, by definition, reasonable an individual did not have the right
to choose the one that he or she preferred.
There was general agreement that the availability of State funding should limit the use of
disproportionate burden as a reason by employers and service providers not to provide
reasonable accommodation.
Some members of the Working Group supported the proposition that a failure to
reasonably accommodate should in itself constitute discrimination; some of those members
highlighted General Comment No. 5 of the Committee on Economic, Social and Cultural Rights
as supporting this view.
Other members of the Working Group considered that the Convention should not dictate
the manner by which the concept of reasonable accommodation should be achieved or framed
under relevant domestic legislation. Specifically, they took the view that it was inappropriate for
an international legal instrument designed primarily to engage State responsibility to frame a
failure to reasonably accommodate on the part of private entities as a violation of the nondiscrimination
principle.
28 The term special measures is used in other international human rights treaties. The Ad Hoc
Committee may wish to discuss the appropriateness of using the term in the disability context,
and whether alternative terms could be used.
29 The Ad Hoc Committee may wish to discuss whether special measures in the disability context
should be limited in time or more permanent.
A/AC.265/2004/5
((7 bis) To ensure the right to equality for all persons with disabilities. States
Parties shall take affirmative action measures to benefit all persons with disabilities.
Colombia)
(EU Proposed Article 3 bis:
1. States Parties recognize that all persons are equal before the law and are
entitled without any discrimination to the equal protection of the law. States Parties
shall prohibit any discrimination on the basis of disability, and guarantee to all
persons with disabilities equal and effective protection against discrimination.
2. For the purpose of the present Convention, the term discrimination on the
grounds of disability shall mean any distinction, exclusion or restriction which has
the effect or purpose of impairing or nullifying the recognition, enjoyment or
exercise on an equal footing by persons with disabilities of all human rights and
fundamental freedoms.
(a) Direct discrimination shall be taken to occur where one person is treated
less favourably than another is, has been or would be treated in a comparable
situation, on the grounds of disability;
(b) Indirect discrimination shall be taken to occur where an apparently
neutral provision, criterion or practice would put a person having a disability at a
particular disadvantage compared with other persons, unless that provision, criterion
or practice is objectively justified by a legitimate aim and the means of achieving
that aim are appropriate and necessary or unless measures are taken to eliminate that
disadvantage.
3. In order to guarantee compliance with the principle of equal treatment in
relation to persons with disabilities, States Parties undertake to take all appropriate
steps, including by legislation, to ensure that reasonable accommodation is
provided; reasonable accommodation to be defined as necessary and appropriate
modification and adjustments, where needed in a particular case, to ensure to
persons with disabilities the enjoyment or exercise on an equal footing of all human
rights and fundamental freedoms, unless such measures would impose a
disproportionate burden.
4. Special measures aimed at accelerating de facto equality of persons with
disabilities shall not be considered discrimination as defined in the present
Convention, but shall in no way entail as a consequence the maintenance of unequal
or separate standards; those measures shall be discontinued when the objectives of
equality of opportunity and treatment have been achieved.
5. In order to secure non-discrimination of persons with disabilities, States
Parties undertake in particular:
(a) To take effective measures to review governmental, national and local
policies, and to amend, rescind or nullify any laws or regulations which have the
effect or purpose of creating or perpetuating such discrimination wherever it exists;
(b) To embody the principles of equality of opportunity and nondiscrimination
on the ground of disability in their national constitutions or other
appropriate legislation, if not yet incorporated therein, and to ensure, through law
and other appropriate means, the practical realization of these principles;
A/AC.265/2004/5
(c) States shall ensure that the needs and concerns of persons with
disabilities are incorporated into economic and social development plans and
policies, and not treated separately;
(d) To refrain from engaging in any act or practice of discrimination against
persons with disabilities and to ensure that public authorities and institutions act in
conformity with this obligation;
(e) To take all appropriate measures to eliminate discrimination on the
ground of disability by any person, organization or enterprise;
(f) To raise awareness throughout society regarding disability and persons
with disabilities and foster respect for the rights of persons with disabilities;
(g) To combat stereotypes and prejudices about persons with disabilities;
(h) To promote an image of persons with disabilities as capable and
contributing members of society sharing the same rights and freedoms as all others
and in a manner consistent with the overall purpose of this Convention;
(i) Encouraging all organs of the media to project an image of persons with
disabilities consistent with the purpose of this Convention; EU)
Article 8
Right to life30
[States Parties reaffirm the inherent right to life of all persons with disabilities,
and shall take all necessary measures to ensure its effective enjoyment by them.31
Argentina] (in particular, in situations of armed conflicts and natural disasters, in
accordance with international law, human rights, refugee and international
humanitarian law Jordan)
(States Parties shall, in accordance to their obligations in the context of international
law and the Universal Declaration of human rights and international treaties and
conventions for the protection of civilians from armed conflicts, take all necessary
measures to guarantee the protection and care for persons with disabilities that are
affected by armed conflicts or are refugees or are internally displaced persons and
under occupation Yemen) (including foreign occupation Palestine, Lebanon)
(States Parties recognize that any person with disabilities has an inherent right to life
Argentina)
(States Parties reaffirm the inherent right to life of all persons and shall take all
necessary measures to ensure its effective enjoyment by persons with disabilities.
Costa Rica)
(In accordance with their obligations under international humanitarian law to protect
civilian population in armed conflicts and risk situations, States Parties shall take all
feasible measures to ensure the protection and care of all persons with disabilities
__________________
30 There were different views expressed within the Working Group as to whether the Convention
should include an article on the right to life, and if so, its content.
31 In the context of the discussion on this draft article, some members of the Working Group
suggested that the Convention should contain a separate draft article on the protection of the
rights of persons with disabilities in armed conflict, similar to the approach taken in article
38 (4) of the Convention on the Rights of the Child. It was also suggested that such an article
could deal more broadly with the protection of the rights of groups at particular risk.
A/AC.265/2004/5
who are affected by armed conflicts Uganda) (including foreign occupation
Palestine)
(States Parties shall ensure to the maximum extent possible the survival and
development of persons with disabilities India)
Article 9
[Equal recognition as a person before the law]
(Equality under the law Mexico)
[States Parties shall:
[[(a) Recognize persons with disabilities as individuals with (equal China)
rights before the law (as other persons Uganda) [equal to all other persons
China]; Mexico] (Recognize persons with disabilities as subjects of rights and
obligations before the law, in equal conditions to those of persons without
disabilities Mexico)
[(b) [Accept Uganda] (ensure Uganda) that persons with disabilities
have full legal capacity on an equal basis [as others,32 [including in [financial
Uganda] (political, civil, social, cultural and economic Uganda) matters India]
Costa Rica] (except as provided by law India); China] EU] Mexico]
(Recognize persons with disabilities as individuals with equal rights before the law
and guarantee equality before the law, without discrimination against persons with
disabilities EU)
(c) [(Endeavour to India) Ensure that where assistance is necessary to
exercise that legal capacity:
(i) The assistance is (to the extent feasible India) proportional to the
degree of assistance required by the person concerned and tailored to their
circumstances, [and does not [interfere Uganda] (undermine Uganda)
with the legal capacity, rights and freedoms of the person; EU]
[(ii) Relevant decisions are taken [only EU] (by a competent, independent
and impartial authority EU) in accordance with a procedure established by
law and with the application of relevant legal safeguards33 (including periodic
revisions Costa Rica) (including provisions for review EU);
__________________
32 The intent of this subparagraph is to acknowledge that children are not generally accepted as
having full legal capacity and that neither would, therefore, children with disabilities. In terms
of legal capacity, persons with disabilities should be treated without discrimination on the basis
of disability.
33 Subparagraph (c) allows for the provision of assistance to a disabled person to exercise their
legal capacity, and is based on the assumption of full legal capacity, even if the person needs
assistance in exercising that capacity. It is intended that subparagraph (c) (ii) should apply only
in exceptional circumstances, for which legal safeguards must be provided. The Ad Hoc
Committee may wish to consider whether the subparagraph is sufficiently clear, and also how
best to protect persons with disabilities who cannot exercise their legal capacity. A separate
subparagraph may be required for this purpose. Some members of the Working Group proposed
that where others are exercising legal capacity for a person with disabilities, those decisions
should not interfere with the rights and freedoms of the person concerned.
A/AC.265/2004/5
[(d) (Endeavour to India) Ensure that persons with disabilities who
experience difficulty in asserting their rights, in understanding information and in
communicating have access to assistance to understand information presented to
them and to express their decisions, choices and preferences, [as well as to enter into
binding agreements or contracts, to sign documents and act as witnesses;34 India]
China, EU]
(States Parties Shall endeavour to provide assistance to persons with disabilities who
experience difficulties in exercising their rights China)
[(e) Take all appropriate and effective measures to ensure the equal right of
persons with disabilities to own or inherit (use or otherwise dispose of Kenya)
property, to control their own financial affairs and (if the person with disabilities are
in need they Viet Nam) to have equal access to bank loans, mortgages and other
forms of financial credit; (bearing in mind the quality and degree of disability
Syrian Arab Republic) Mexico] EU]
(f) Ensure that persons with disabilities are not arbitrarily deprived of their
property. Sierra Leone] Canada]
((g) The State must protect the interests of persons with disabilities who
cannot exercise their legal capacity in reduced/temporarily reduced situations. In
exceptional circumstances when legal safeguards are necessary, the appointment of
third parties as legal guardian/surrogate may be made in the best interests of persons
with disabilities. India)
((g) Take appropriate and effective measures to eliminate physical (social
Botswana) and communication barriers and to reduce understanding difficulty of
persons with disabilities in order to exercise all rights in judicial procedure which
are provided in the international Covenant on Civil and Political Rights. Japan)
((g) Take all necessary measures to ensure everyone whose rights and
freedoms as recognized in this convention are violated should have an effective
remedy before a national authority, notwithstanding that the violation has been
committed in an official capacity. Costa Rica)
(1. States Parties shall recognize that, in civil matters, adults with disabilities have
a legal capacity identical to that of other adults and shall accord them equal
opportunities to exercise that capacity. In particular, they shall recognize that adults
with disabilities have equal rights to conclude contracts and to administer property
and shall treat them equally in all stages of procedure in courts and tribunals.
2. States Parties shall ensure that where adults with disabilities need support to
exercise their legal capacity, including assistance to understand information and to
express their decisions, choices and wishes, the assistance is proportional to the
degree of support required and tailored to the adults individual circumstances.
3. Only a competent, independent and impartial authority, under a standard and
procedure established by law, can find an adult not to have legal capacity. States
Parties shall provide by law for a procedure with appropriate safeguards for the
appointment of a personal representative to exercise legal capacity on the adults
__________________
34 The first part of subparagraph (d) has more general application than the equal recognition of
persons with disabilities as persons before the law, and the Ad Hoc Committee may wish to
consider its most appropriate placement in the Convention.
A/AC.265/2004/5
behalf. Such an appointment should be guided by principles consistent with this
Convention and international human rights law, including:
(a) Ensuring that the appointment is proportional to the adults degree of
legal incapacity and tailored to the adults individual circumstances; and,
(b) Ensuring that personal representatives take into account, to the maximum
extent possible, the adults decisions, choices and wishes. Canada)
((c) Ensuring regular review of the findings of legal incapacity Jordan)
Article 10
Liberty and security of the person
1. States Parties shall ensure that persons with disabilities:
(a) Enjoy the right to liberty and security of the person, without
discrimination [based on disability Jordan];
(b) Are not deprived of their liberty35 unlawfully36 or arbitrarily, and that
any deprivation of liberty shall be in conformity with the law, and in no case shall be
based (solely Canada) on disability.37
((c) When lawfully deprived of liberty measures shall be taken to ensure that
they receive rehabilitation while under confinement Uganda)
2. States Parties shall ensure that if persons with disabilities are deprived of their
liberty (through a civil or criminal procedure Mexico), they are:
(a) Treated with humanity and respect for the inherent dignity of the human
person, and in a manner that (the degree of the violation of freedom against persons
with disabilities should not exceed the general standard and proper provision of
conveniences such as the measure for ensuring a meeting with the guardian,
assistive tools and due medical service should be properly secured Republic of
Korea) takes into account [the needs they have because of Jordan] (the challenges
they encounter due to Jordan) their disabilities; (fully respecting their rights in
conditions of equality Costa Rica)
(b) Provided with adequate information in accessible formats as to (the
applicable law and China) (their legal rights and New Zealand) the reasons for
their deprivation of liberty (at the time this occurs New Zealand);
__________________
35 The jurisprudence of the Human Rights Committee (see, for example, General Comment No. 8)
notes that States interpret deprivation of liberty too narrowly, so that it applies only to the
criminal justice system. The right to liberty and security of persons, however, applies to all
deprivations of liberty, whether in criminal cases or in other cases such as, for example, mental
illness or intellectual disability, vagrancy, drug addiction, educational purposes or immigration
control. The Ad Hoc Committee may wish to consider: (a) whether civil and criminal cases
should be dealt with separately; (b) whether the text needs further elaboration on civil cases of
deprivation of liberty; and (c) whether, for criminal cases, the clauses in this text dealing with
procedural matters need strengthening (see also article 9 of the International Covenant on Civil
and Political Rights).
36 The Ad Hoc Committee may wish to discuss whether the wording of paragraph 1 (b) does or
does not prohibit civil commitment, and whether it should.
37 The Ad Hoc Committee may wish to consider adding a provision that obliges States to reform
laws and procedures that perpetuate the arrest and detention of persons with disabilities on the
basis of disability.
A/AC.265/2004/5
(c) Provided with prompt access to legal and other appropriate assistance to:
(i) Challenge the lawfulness of the deprivation of their liberty before a court
or other competent, independent and impartial authority (in which case they
shall be provided with a prompt decision on any such action);
(ii) [Seek regular review of the deprivation of their liberty; Japan]
(d) [[Provided with compensation in the case of unlawful deprivation of
liberty, [[or deprivation of liberty based on disability, Japan] contrary to this
Convention. China] EU, Mexico, Canada]
(Compensated following determination by an appropriate authority that the
deprivation of liberty has been unlawful. EU)
(The States Parties shall assure to persons with disabilities within their jurisdiction
effective protection and remedies, through the competent national tribunals and
other State institutions, against any unlawful deprivation of liberty which violates
his human rights and fundamental freedoms contrary to this Convention, as well as
the right to seek from such tribunals just and adequate reparation or satisfaction for
any damage suffered as a result of such acts. Mexico)
((e) States Parties shall guarantee that when persons with disabilities are
detained or imprisoned that they be placed in a site adapted to their particular
circumstances of disability respecting their right to participate in all activities
necessary for them to be reincorporated in social life Colombia)
(3. (i) States Parties shall accept the principle that forced institutionalization of
persons with disabilities is illegal, save in exceptional circumstances in
accordance with the procedures established by law and with the application of
appropriate legal safeguards.
(ii) The law shall provide that in any case of forced institutionalization of
persons with disabilities, the best interests of the person concerned will be
fully taken into account. EU)
(3. Any person with a disability who has been victim of unlawful deprivation of
liberty shall have an enforceable right to compensation Canada, Lebanon)
(4. The States Parties shall commit to make a thorough revision of their legal
frame, in criminal and civil matters as well as in execution of sentences, in order to
take into consideration the different types of disabilities and adapt their legal frame
to guarantee the respect of the human rights of the persons with disabilities who are
deprived of their freedoms for the commission of a crime Mexico)
Article 11
Freedom from torture or cruel, inhuman or degrading treatment or punishment
1. States Parties shall take all effective legislative, administrative, judicial,
educational or other measures to prevent persons with disabilities from being
subjected to torture (in all its forms Algeria) or cruel, inhuman or degrading
treatment or punishment (violence and abuse India).
2. In particular, States Parties shall prohibit, and protect persons with disabilities
from, medical or scientific (and other forms of Thailand) experimentation
without the free and informed consent of the person concerned, [and shall protect
A/AC.265/2004/5
persons with disabilities from forced interventions (, abduction Uganda) or
forced institutionalization aimed at correcting, improving or alleviating any actual or
perceived impairment.38 EU, China] (In instances of reduced or temporarily
reduced capacity to give this consent, appropriate objective, neutral legal procedure
and safeguards should be provided in the best interests of persons with disabilities
and legal guardians/surrogates consent should be obtained where third party
interests are concerned/harmed. India)
(3. In order to monitor living conditions and facilities of places where persons
with disabilities are placed, international instruments shall be applied, as appropriate
including, the Optional Protocol of the Convention against Torture, for the
realization of visits by national or international bodies to detention centres.
Mexico)
Article 12
Freedom from violence and abuse
1. [[States Parties recognize Sierra Leone] (Recognizing Sierra Leone) that
persons with disabilities are at greater risk, both within and outside the home, of
(abandonment Republic of Korea) violence, injury or (mental or physical
Mexico) abuse neglect or negligent treatment, maltreatment or exploitation,
including (economic and New Zealand) sexual exploitation and abuse
Argentina] China]. (Therefore Mexico) States Parties shall [therefore EU]
take all appropriate legislative, administrative, social, educational and other
measures to protect persons with disabilities (and their families Jordan) (and to
prevent these forms of violence and abuse by ensuring inter alia (the support for
persons with disabilities and their families or caregivers Trinidad and Tobago)
the provision of information Mexico), both within and outside the home, from all
forms of (abandonment Republic of Korea) violence, injury or (mental or
physical Costa Rica) abuse, neglect or negligent treatment, maltreatment or
exploitation, including sexual (and economic Mexico) exploitation and abuse.
2. [Such measures should prohibit, and protect persons with disabilities from
(abduction and save in exceptional circumstances according to a procedure with
appropriate safeguards established by law, intrusive or forced Canada), forced
interventions or forced institutionalization aimed at correcting, improving or
alleviating any actual or perceived [impairment Canada] (disabilities Canada),
and [abduction. Argentina, Mexico] EU]
(States shall take the necessary measures to ensure that medical and related
interventions, including corrective surgery, are not undertaken without the free and
informed consent of the person concerned EU)
(States Parties recognize that armed conflicts particularly undermine the freedom
from violence and abuse of persons with disabilities. States Parties shall, therefore,
take all appropriate legislative, administrative, social, educational and other
measures to protect persons with disabilities from armed conflict. Kenya)
__________________
38 Members of the Working Group had differing opinions on whether forced intervention and
forced institutionalization should be dealt with under Freedom from torture, or under
Freedom from violence and abuse, or under both. Some members also considered that forced
medical intervention and forced institutionalization should be permitted in accordance with
appropriate legal procedures and safeguards.
A/AC.265/2004/5
3. [States Parties shall also take all appropriate measures to prevent violence,
injury or abuse, neglect or negligent treatment, maltreatment or exploitation,
including (economic and New Zealand) sexual exploitation and abuse (especially
against children and women with disabilities India), by ensuring, inter alia,
support for persons with disabilities and their families, including the provision of
information (and education about how to avoid, recognize and report instances of
the above. States Parties shall also ensure those working with persons with
disabilities are trained to identify and prevent such instances New Zealand) (and
other appropriate forms of assistance and support. In such cases States Parties shall
take all appropriate measures to promote their physical and psychological recovery
and reintegration into communities India) EU]
(Such measures shall include the provision of appropriate information to persons
with disabilities and their families EU)
(3 bis. (i) States Parties shall accept the principle that forced intervention of
persons with disabilities is illegal, save in exceptional circumstances in
accordance with the procedures established by law and with the application on
appropriate legal safeguards.
(ii) The law shall provide that in any case of forced intervention on persons
with disabilities, the best interests of the person concerned will be fully taken
into account. EU)
4. [States Parties shall ensure that all facilities and programmes, both public and
private, where persons with disabilities [are placed together, separate from
others, Uganda] (live or access services Uganda) are effectively monitored to
prevent the occurrence of violence, injury or abuse, neglect or negligent treatment,
maltreatment or exploitation, including sexual exploitation and abuse. New
Zealand]
(Recognizing that persons with disabilities are more at risk of violence, injury or
abuse neglect or negligent treatment, maltreatment or exploitation, including
economic and sexual exploitation and abuse in segregated facilities and programmes
where persons with disabilities are placed together, separate from other people,
States Parties shall ensure that those facilities and programmes, both public and
private, are effectively monitored by independent authorities, which include persons
with disabilities, and the monitoring reports made available to the public. New
Zealand)
5. [Where persons with disabilities are the victim of any form of violence, injury
or abuse, neglect or negligent treatment, maltreatment or exploitation, including
(economic and New Zealand) sexual exploitation and abuse Mexico], States
Parties shall take all appropriate measures39 to promote their physical and
psychological recovery (, rehabilitation Philippines) and social reintegration
(including through the provision of protection services Trinidad and Tobago).
(Such recovery and reintegration shall take place in an environment which fosters
the health, self respect, dignity and autonomy of the person. New Zealand)
6. States Parties shall (endeavour to India) [ensure Canada] (encourage
Canada) the identification, reporting, [referral New Zealand], and investigation,
__________________
39 Some Working Group members suggested that this paragraph should include an explicit
provision of legal remedies.
A/AC.265/2004/5
[treatment EU] (prosecution EU, Canada) [and follow-up] of (all New
Zealand) instances of [violence and abuse] (violence, injury or abuse, neglect or
negligent treatment, maltreatment or exploitation, including economic and New
Zealand) sexual exploitation and abuse, (and their timely referral to appropriate
protection agencies and, where necessary, to the courts New Zealand) [and the
provision (as appropriate EU) of protection services and (adequate deterrence and
effective sanctions, including as appropriate Costa Rica), [as appropriate EU],
[judicial involvement] (legal remedies Sierra Leone). India] (the provision of
protection services and where necessary access to judicial interventions should also
be made available India).
(States Parties reaffirm the rights of persons to make choices over their bodies and
shall ensure that persons with disabilities are not subjected to sterilization or forced
abortion Uganda)
(States Parties shall ensure that all facilities and programmes, public and private,
where persons with disabilities are placed, are effectively monitored, in coordination
with civil society, of these forms of violence and abuse. Mexico)
Article 13
Freedom of expression and opinion, and access to information (Right to
information and communication Costa Rica)
(The right of access to information Israel) (and to promote facility of
expression India)
(States Parties undertake to ensure the enjoyment of the right to information
and communication to persons with disabilities. In this regard Costa Rica) States
Parties shall take appropriate measures to ensure that persons with disabilities can
exercise their right to freedom of expression and opinion through ([alternative]
(appropriate Liechtenstein) modes of communication of their choice, where
appropriate, including Costa Rica) Braille, sign language40 [and other modes of
communication41 of their choice, Costa Rica] and to seek, receive and impart
information, [on an equal footing Costa Rica] (on conditions of equality Costa
Rica) (on the basis of equality Canada) with others, including by:
(a) [Providing [public EU] (official EU) information Japan] (Taking
appropriate steps to provide public information Japan) to persons with
disabilities, [[on request Thailand, Kuwait], in a timely manner Namibia] and
without additional cost, (and without tax Morocco) in accessible formats42 [and
technologies [of their choice EU, New Zealand], Argentina] (and technologies
appropriate to different disabilities Argentina) taking into account different kinds
of disability;
__________________
40 Some members of the Working Group considered that this draft article should include a
reference to sign language as the natural language of deaf people in their access to information,
communication, services, participation and education.
41 The Ad Hoc Committee may wish to consider the most appropriate terms to use in this draft
article. Mode of communication, format (used in subparagraph (a)), and alternative and
augmentative communication modes (used in subparagraph (c)) have related, but not identical
meanings.
42 The Ad Hoc Committee may wish to consider whether it should include mention of specific
formats in this paragraph, such as plain language or easy-to-read formats.
A/AC.265/2004/5
(b) Accepting (and promoting Mexico) the use of [alternative New
Zealand] (a variety of New Zealand) modes of communication by persons with
disabilities in official interactions;
(c) [Educating persons with disabilities] (Providing education programmes
aimed at teaching persons with disabilities and their families [alternative New
Zealand] (a variety of communication modes New Zealand) [and augmentative
New Zealand] Costa Rica) (Providing education and learning Jordan) (and
non-disabled persons wishing to communicate with persons with disabilities
Lebanon) (their families and the general public Trinidad and Tobago) to use
[alternative New Zealand] (a variety of communication modes New Zealand)
[and augmentative New Zealand] modes (and providing opportunities for those
concerned with persons with disabilities to be educated in augmentative and
alternative communication modes Yemen);
[(d) (Promoting and where appropriate EU, New Zealand) Undertaking
[and promoting EU, New Zealand] the research, development and production of
new technologies, including information and communication technologies, and
assistive technologies, [[suitable Thailand] (accessible Thailand) (and
affordable Philippines) for Canada] (in consultation with Canada) persons
with disabilities; (and ensuring access to these technologies by all countries
Trinidad and Tobago) (, guided by the principle of universal design Thailand)
New Zealand]
(e) Promoting other appropriate forms of assistance and support to persons
with disabilities (including expanding the necessary level of expertise to assist
persons with disabilities Republic of Korea), (and where necessary their parents
and caregivers Uganda) to ensure their access to information (, including training
of interpreters, and access to new information and communication technologies
Costa Rica);43
(Providing training of life assistance and intermediaries such as sign language and
tactile interpreters, note takers, readers and others Lebanon)
(f) [Encouraging Yemen]44 (Obliging Yemen) (Ensuring Uganda)
(Requiring/ensuring Jordan) private (and public Trinidad and Tobago) entities
(, including the mass media Liechtenstein) that provide services to the general
public to provide information and services in accessible and usable formats for
persons with disabilities;
[(g) [Encouraging Yemen] (Obliging Yemen) (Requiring/ensuring
Jordan) the mass media to make their services accessible to (children and Jordan)
persons with disabilities. Liechtenstein]
((h) Developing a national sign language Uganda)
(Promoting that persons with disabilities enjoy the new information and
telecommunication technologies Mexico)
__________________
43 The Ad Hoc Committee may wish to consider expanding this subparagraph to cover the
provision and training of live assistance and intermediaries, such as Braille and caption
transcribers, note takers, sign language and tactile communication interpreters, and readers.
44 The Ad Hoc Committee may wish to consider whether encourage is the best term to use in
subparagraphs (f) and (g).
A/AC.265/2004/5
((h) Providing information to persons with disabilities about mobility aids,
devices and other forms of assistive devices and technologies South Africa)
(2. States Parties will take all appropriate measures to ensure that accessible
information and communication technologies be designed, developed and produced
at an early stage so that the information society becomes inclusive at minimum
cost Lebanon)
Article 14
Respect for privacy, the home and the family
(Respect for privacy, marriage and family China)
(Respect for privacy South Africa)
1. [[Persons with disabilities, [including those living in institutions Canada]
(should they have decided to do so Yemen) shall not be subjected to arbitrary or
unlawful interference with their [privacy Argentina, EU] (private life
Argentina, EU), and [shall Costa Rica] have the right to the protection of the law
against such interference (in all fields Costa Rica). Liechtenstein] States
Parties to this Convention shall take effective measures to protect [the privacy
Liechtenstein] (the private and family life Liechtenstein) [of the home, family,
Costa Rica] (different kinds of communication Mexico) (communication
including Kenya) [correspondence45 India] (communication India)
(communications, information and documents Costa Rica) and medical records of
persons with disabilities (equally with other persons Japan) and their (freedom of
EU) [choice Liechtenstein] (freedom Liechtenstein) to take decisions on
personal matters. Qatar]
(No person with disability, including those living in institutions, shall be subjected
to arbitrary or unlawful interference with his or her privacy, family, home.
Correspondence, medical records or choice to take decisions on personal matters,
nor to unlawful attacks on his or her honour and reputation Qatar)
2. States Parties to this Convention shall take effective and appropriate measures
(to encourage the full participation in family life by persons with disabilities and
Qatar) to eliminate discrimination against persons with disabilities in all matters
relating to (their private life including Mexico) marriage and family relations (in
all forms South Africa),46 and in particular shall [ensure Argentina] (take
appropriate measures aimed at Argentina):
[(a) [[That persons with disabilities are not denied the equal opportunity to
experience their sexuality, (within the framework of legitimate marriage Libyan
Arab Jamahiriya, Saudi Arabia) and have (responsible Philippines) [sexual and
other intimate relationships Libyan Arab Jamahiriya] (including marriage
Costa Rica) and experience parenthood (in accordance to national legislation
Israel) (, taking into account the best interest of the woman and the child New
Zealand Philippines); Islamic Republic of Iran] (through legitimate marriage
__________________
45 The Ad Hoc Committee may wish to consider whether the word correspondence should be
replaced with the broader term communications.
46 The Ad Hoc Committee may wish to consider whether the phrase marriage and family
relations might be too limiting.
A/AC.265/2004/5
Syrian Arab Republic) Qatar] (in accordance with the various religious and
social conventions and traditions Yemen).
(the promotion of measures to change prevailing negative attitudes towards the
marriage and sexuality of persons with disabilities, especially girls and women with
disabilities, and their founding a family, and the encouragement of the media to play
an important role in removing such negative attitudes Qatar)
(b) The right of [all men and women with disabilities China] ((all
South Africa) persons with disabilities China) (to establish and fully develop
intimate relations, including marriage Costa Rica) [who are of marriageable age
to marry Costa Rica] (under appropriate laws India) [on the basis of free and
[full Canada] (informed Canada) consent of the intending spouses China],
and to [found a family India, Qatar] (on an equal basis with other persons
China) (to establish family relations and practice parenthood Qatar) (bring up a
family, and be provided with information and counselling wherever necessary on
full dimension and responsibilities of marriage India); (in accordance with the
precepts of religion, convictions and various customs Yemen) (and experience
their sexuality and parenthood Islamic Republic of Iran)
((b bis) The rights of persons with disabilities to reproduction, prohibiting all
practices aimed at involuntary sterilization and/or inhibiting the exercise of the right
to reproduction on the basis of prejudices about persons with disabilities Costa
Rica)
(c) The rights of persons with disabilities to (retain their fertility, New
Zealand, Thailand) decide freely and responsibly on the number and spacing of their
children47 [on an equal basis [with other persons48 Costa Rica] EU, Mexico]
(including protection against non-consensual sterilization Kenya) (States Parties
shall also ensure that persons with disabilities are not subject to forced sterilization
Mexico) and to [have India] (be provided with India) access to information (,
advice Morocco), reproductive (, sex Yemen) and family planning education,
and the means necessary to enable them to exercise these rights; Holy See]
(The right of men and women with disabilities of marriageable age to marry and
found a family shall be recognized, and no marriage shall be entered into without
the free and full consent of the intending spouses Holy See)
[(d) [The rights of New Zealand] (That New Zealand) persons with
disabilities (have the same rights as other persons New Zealand) with regard to
guardianship, wardship, trusteeship and [adoption Syrian Arab Republic, Qatar,
Bahrain] (or guardianship Yemen) (guardianship Syrian Arab Republic) (and
sponsorship Yemen) of children, or similar institutions where these concepts exist
in national legislation (; in all case the interests of the child shall be paramount
__________________
47 Members of the Working Group agreed that a prohibition on the sterilization of persons with
disabilities was implicit in the right to decide on the number and spacing of their children, but
some members considered that the issue was of such importance that the Ad Hoc Committee
should consider making the prohibition explicit.
48 The understanding of the Working Group is that this draft article does not deal with the national
policies of States parties on the size of families but simply stipulates that persons with
disabilities should not be treated differently from the general population in this respect. The Ad
Hoc Committee may therefore wish to consider whether the phrase on an equal basis with other
persons is necessary in this subparagraph.
A/AC.265/2004/5
New Zealand) (, subject to the best interests of the child and in accordance with
national legislation Israel). [For the purpose of guaranteeing these rights, States
Parties shall render appropriate assistance to [disabled parents EU] (persons with
disabilities EU, Serbia and Montenegro) (with available resources Qatar) dr 6
in the performance of their child-rearing responsibilities;49 India, Costa Rica].
(These rights may be restricted in exclusive situations specifically stipulated in
national legislations Russian Federation)
(e) That a child shall not be separated from his or her parents [against their
will, except when competent authorities subject to judicial review determine, in
accordance with applicable law and procedures, that such separation is necessary for
the best interests of the child. [The child shall not however be separated from
parents with disabilities on the basis [either directly or indirectly Japan, EU,
Mexico] (all kinds Japan) (solely EU, Australia, Norway) of their disability;50
Argentina, Uganda] (render appropriate assistance to parents of children with
disabilities to enable their children to live with them Uganda) (or the disability of
their children. The decision on the separation should be provisional and subject to
periodical review Jordan, Morocco, Thailand, Saudi Arabia)
(f) [The promotion of awareness and the provision of information aimed at
changing negative perceptions and social prejudices towards sexuality, [marriage
Costa Rica] (intimate relations including marriage Costa Rica) and parenthood of
persons with disabilities. EU, Qatar] China] EU]
(States Parties to this Convention shall ensure that there is no discrimination against
persons with disabilities in regard to guardianship, wardship, trusteeship and
adoption of children, or similar institutions where these concepts exist in national
legislation. States Parties shall render appropriate assistance to disabled persons in
the performance of their child-rearing responsibilities.51
States Parties shall ensure that a child shall not be separated from his or her parents
against their will, except when competent authorities subject to judicial review
determine, in accordance with applicable law and procedures, that such separation is
necessary for the best interests of the child. The child shall not however be separated
from parents with disabilities on the basis solely of their disability;52
__________________
49 The Ad Hoc Committee may wish to consider the wording of the second sentence of this
subparagraph in the light of concerns expressed by some delegations that States parties might
find it difficult to guarantee the resources to render appropriate assistance.
50 The Ad Hoc Committee may wish to consider other formulations for the second sentence of this
subparagraph, including the deletion of the words either directly or indirectly or their
replacement by the word solely, or the substitution of a positive formulation for the sentence,
such as: States Parties shall render appropriate assistance to parents with disabilities to enable
their children to live with them.
51 The Ad Hoc Committee may wish to consider the wording of the second sentence of this
subparagraph in the light of concerns expressed by some delegations that States Parties might
find it difficult to guarantee the resources to render appropriate assistance.
52 The Ad Hoc Committee may wish to consider other formulations for the second sentence of this
subparagraph, including the deletion of the words either directly or indirectly or their
replacement by the word solely, or the substitution of a positive formulation for the sentence,
such as: States Parties shall render appropriate assistance to parents with disabilities to enable
their children to live with them.
A/AC.265/2004/5
States Parties shall take appropriate measures to change negative perceptions and
social prejudices towards sexuality, marriage and parenthood of persons with
disabilities EU)
(States Parties shall take effective and appropriate measures to raise public
awareness and provide information to change negative perception and social
prejudices towards sexuality, marriage and parenthood of persons with disabilities
China)
(NEW PARAGRAPH Mexico)
Article 15
Living [independently53 New Zealand] and being [included South Africa]
(integrated South Africa) in the community
(Independent community living Jordan)
(Inclusion in the community and independent living Mexico)
(Right to a life of independence in the community India)
(Independent living and social reintegration Yemen)
[States Parties to this Convention shall take effective and appropriate measures
to enable persons with disabilities [to decide [to live (in New Zealand)
[independently New Zealand] and (to New Zealand) be fully included (States
Parties shall New Zealand) [in New Zealand] (as members of New
Zealand) the community, [[including by New Zealand] [ensuring New
Zealand] (ensure New Zealand) that Argentina] (with a view to Argentina)
(persons with disabilities Jordan): India] Mexico EU] (an independent
lifestyle and to be able to enable persons with disabilities to decide for an
independent lifestyle and to be able to choose their place and structure of residence,
without barring the possibility of being fully integrated in the community and in
their families, including by ensuring that: Mexico)
(States Parties shall take appropriate measures to facilitate persons with disabilities
to live independently and be fully included in the community, including measures
aimed at ensuring that: EU)
(a) [Persons with disabilities Jordan] have the equal opportunity to
[choose their place of residence and living arrangements India, New Zealand]
(exercise their choice of living independently or with their family respecting social
and cultural practices of family norms and be included in the community India)
(determine how, where, and with whom they live New Zealand);
(b) [[Persons with disabilities Jordan] are not obliged to live in an
institution or in a particular living arrangement (save as provided in article 10
__________________
53 Some members of the Working Group expressed the concern that the words living
independently in the title and the chapeau of this draft article did not reflect the cultural norm
in many countries, and that the words might suggest that persons with disabilities should be
separated from their families. The Ad Hoc Committee may wish to consider an alternative
formulation.
A/AC.265/2004/5
EU) (unless where it is found appropriate South Africa);54 Argentina, Sierra
Leone, Canada, South Africa, Russian Federation]
((b bis) Children with disabilities live with their own family or, where that is
not possible, (favour that children with disabilities Lebanon) live in another
family situation (whenever possible Lebanon) New Zealand)
(c) [[[That New Zealand] persons with disabilities Jordan] have access
to a range of [in-home Kuwait], [residential New Zealand] (options
Kuwait) and other community (based Canada) support services, including
personal assistance, necessary to support [living and inclusion New Zealand]
(them to live where they choose, to participate New Zealand) in the community,
[and to prevent isolation or segregation from the community Kuwait];55 EU]
(d) Community services (and facilities New Zealand) [for the general
population India] are available [on an equal basis EU] (without discrimination
EU) to persons with disabilities and (have access to community services that
Jordan) are responsive to their needs; (Persons with disabilities are allowed to
become members and active participants in community organizations and
instrumentalities of their choice. There shall be policies and facilities to assist
persons with disabilities to qualify for membership and to be able to participate
Philippines) (Persons with disabilities have right to participate to and benefit from
all available community services on an equal basis with the general population
Viet Nam)
((d bis) Community support services are provided in a manner that recognizes
the autonomy, the individuality and dignity of persons with disabilities)
(e) [[Persons with disabilities Jordan] (their families and caretakers
Botswana) have access to information about [available New Zealand]
(community services including New Zealand) (community Botswana) support
services.
((f) Support to the families who are taking care of persons with disabilities
and also provide material and moral support and provide them with the necessary
assistance to ensure the inclusion of persons with disabilities in society Morocco)
((f) Persons with disabilities who require assistance communicating have
access to necessary and appropriate support to enable them to express their
decisions, choices and wishes Canada)
(2. States Parties shall also take appropriate measures to promote the provision of
life assistance in order to enable persons with disabilities to live independently
EU)
(2. States Parties shall take appropriate steps to make accessible for persons with
disabilities:
__________________
54 Some members of the Working Group, while accepting the principle, thought that States parties
would find it impossible to guarantee this obligation without exception. Other members
considered that the subparagraph was redundant, as the issue was covered in paragraph 1 (a).
55 Some members of the Working Group considered that it would be difficult for States parties to
ensure the availability of the services described in paragraphs 1 (c) and (d), and in particular the
undertaking in paragraph 1 (c) to provide personal assistance.
A/AC.265/2004/5
(a) A range of in-home, residential and other community support services,
including personal assistance necessary to support living and inclusion in the
community and to prevent isolation or segregation from the community;
(b) Community services for the general population, on an equal footing with
others in a manner responsive to their needs. Japan)
(Proposed article 15 bis: Women with Disabilities
1. State Parties undertake to ensure the enjoyment of full and equal rights and
freedoms by women with disabilities and their equal participation in political,
economic, social and cultural activities without any discrimination on the basis of
their gender and/or disabilities.
2. State Parties shall take the following steps from a gender perspective so as to
ensure that women with disabilities are able to live with dignity in freedom, safety,
and autonomy.
(a) Include a separate reference to the protection of the rights of women with
disabilities in laws pertaining to women and persons with disabilities;
(b) Incorporate women with disabilities in social surveys and statistics
collection efforts and collect gender-disaggregated data on persons with disabilities;
(c) Protect the motherhood of women with disabilities by developing and
disseminating policies and programs for assistance based on the recognition of the
special needs of women with disabilities in pregnancy, childbirth and post-partum
health care and child care;
(d) Ensure that women with disabilities are not deprived of their right to
work due to their pregnancy or childbirth, and provide the necessary assistances in
this regard;
(e) Ensure that women with disabilities are protected from sexual
exploitation, abuse and violence at home, institutional facilities and communities.
Republic of Korea)
[Article 16
Children with disabilities56
[1. States Parties [undertake India] (shall endeavour India) to ensure that
[each child South Africa] (children South Africa) with a disability [within
their [jurisdiction Kuwait] Liechtenstein] shall enjoy, without discrimination
of any kind on the basis of disability, the same rights and fundamental freedoms as
other children.
__________________
56 Paragraphs 2, 3 and 4 of this draft article are based on article 23 of the Convention on the Rights
of the Child. That article is a specific elaboration of disability issues in a convention on children
that does not otherwise deal with disabilities. Draft article 16 of the present text, however, is a
specific elaboration of childrens issues in a convention where the rest of the text does deal with
disabilities. Duplicating article 23 in this context, therefore, may not adequately deal with the
issues faced by children with disabilities. The Ad Hoc Committee may wish to revisit this draft
article so that it instead covers issues that affect children with disabilities, but which have not
been dealt with elsewhere in the Convention. Examples could include the vulnerability of
children with disabilities to sexual abuse and exploitation, of refugee children with disabilities,
and of orphan children with disabilities.
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2. States Parties [recognize Uganda] (shall ensure Uganda) (also undertake
to ensure the creation of conditions under which Sierra Leone) [that Sierra
Leone] children with disabilities [should Sierra Leone] (will Sierra Leone)
enjoy a full (active Sierra Leone) and decent life, [in conditions that ensure
dignity, promote self-reliance [and autonomy], (autonomy and citizenship Holy
See) and facilitate the childs active participation in the community. Sierra
Leone] (in dignity within their respective communities Sierra Leone).
(2 bis. States Parties recognize the evolving capacities of children with disabilities
in the exercise of their rights, and the right of children with disabilities to express
their views freely on all matters affecting them, their views being given due weight
in accordance with the childs age and maturity. Canada)
[3. States Parties recognize the right of children with disabilities to inclusive care,
which shall include:
(a) [Early provision of appropriate and comprehensive services (including
early detection, intervention and rehabilitation Viet Nam) India];
(Provision of early detection, early referral and early intervention services, including
counselling for parents. India)
(b) The extension, [subject to available resources Kenya, South Africa],
to the eligible child and those responsible for his or her care, [of assistance for
which application is made and which is appropriate to the childs condition and to
the circumstances of the parents or others caring for the child. South Africa]
Sierra Leone]
(States Parties undertake to provide and extend as far as possible free of charge
appropriate early comprehensive services to the child as well as to their parents and
others caring for the child. The provision and extension of these services shall be
designed to ensure that a child with disabilities has effective access to, inter alia,
education, training, participatory recreational activity and activities for the childs
cultural and spiritual development Sierra Leone)
[4. Recognizing the needs of children with disabilities, assistance extended in
accordance with (actual circumstances of children with disabilities Viet Nam)
paragraph 3 of the present article shall be provided [free of charge Viet Nam],
whenever possible, taking into account the financial resources of the parents or
others caring for the child and shall be designed to ensure that a child with a
disability has effective access to and receives education, training, health-care
services, comprehensive [re]habilitation services, preparation for employment and
recreation opportunities in a manner conducive to the childs achieving the fullest
possible social [integration Uganda] (inclusion Uganda) and individual
development, including his or her cultural and spiritual development. Sierra
Leone]
(States Parties shall provide the child with disabilities and his or her parents with
appropriate information referral and counselling ensuring in all circumstances that
the child maintains his or her self esteem and a positive view of his or her potential
and right to live a full and inclusive life. Sierra Leone)
5. Children with disabilities and their parents (or their caregivers, Jordan)
[other persons caring for or legally responsible for the child Jordan] shall be
provided with appropriate information, referrals and counselling, [and information
A/AC.265/2004/5
made available in these ways Jordan] [should Uganda] (shall Uganda)
provide them with a positive view of their potential and right to live a full and
inclusive life. Japan] EU]
(States Parties shall recognize and take appropriate measures to respect the rights of
children with disabilities in accordance with article 23 of the Convention on the
Rights of the Child and other relevant provisions of this Convention Japan)
(5 bis. States Parties recognize the vulnerability of children to sexual abuse and
exploitation and shall endeavour to ensure their protection.
5 ter. States Parties recognize that the child, for the full and harmonious
development of his or her personality, should grow up in a family environment. In
the case of destitute or orphaned children, it shall be the duty of the State to make
provision for adoption or legal guardianship as per prevalent laws, as also for respite
and residential care, as appropriate.
5 quart. States Parties shall respect the rights and duties of parents and, when
applicable, legal guardians to provide direction to the child in the exercise of his or
her rights in a manner consistent with the evolving capacities of the child.
5 sext. States Parties shall promote, in the spirit of international cooperation, the
exchange of appropriate information in the field of health care, preventive health
care, including dissemination of and access to, information concerning methods of
rehabilitation, education, vocational training and services with the aim of enabling
States Parties to improve their capabilities, skills, human resource development and
research, in order to widen their experience in all these areas of expertise. In this
regard, particular account shall be taken of the needs of developing countries. India)
(6. States Parties shall ensure that in all decisions concerning children with
disabilities whether undertaken by public or private social welfare institutions,
courts of law, administrative authorities or legislative bodies, the best interests of
the child shall be of primary consideration Uganda)
(6. Where children with disabilities are unable to live with their families, States
Parties shall make every effort to provide alternative family care in their community,
and such placements shall be in the childs best interests. Canada)
(7. States Parties shall undertake to prohibit the sterilization of children and young
people with disabilities Uganda)
(In accordance with their obligations under international humanitarian law to protect
the civilian population in armed conflicts, States Parties shall take all appropriate
measures to ensure protection and care of children with disabilities who are affected
by an armed conflict, including foreign occupation Palestine)
Article 17
Education57 (and training Australia, South Africa, Trinidad and Tobago)
(Education, training and lifelong learning Jordan)
1. States Parties recognize the right of all persons with disabilities to education
(and training Australia) (in all stages of life and all educational levels and
__________________
57 The Ad Hoc Committee may wish to consider whether this draft article should cover training
more extensively, drawing together the provisions on training in other articles.
A/AC.265/2004/5
services Costa Rica, Mexico, Trinidad and Tobago). [[With a view to achieving
this right [progressively Sierra Leone, Kenya, Thailand] and on the basis of equal
opportunity, the education of [[children58 Russian Federation] (persons
Russian Federation, Argentina, Costa Rica, New Zealand, Bahrain, Kenya, South
Africa, Serbia and Montenegro, Thailand, Mexico, Republic of Korea, Trinidad and
Tobago) with disabilities Mexico] (persons with disabilities shall take into
account their best interests and Mexico) shall be directed to:59 EU] (The
education of persons with disabilities shall be directed to EU)
(a) The full development of the human potential and sense of dignity and
self-worth, and the strengthening of respect for human rights, fundamental freedoms
and human diversity;
((a bis) address the issues of disability, persons with disabilities and human
rights in the curriculum of all educational programs Costa Rica)
(b) Enabling all persons with disabilities to participate effectively (and
equitably South Africa) in a free (and inclusive Mexico) society;
(c) The development of (self identity, talent, creativity Costa Rica) the
[childs Russian Federation] personality, talents and mental and physical (cultural
and spiritual Bahrain) abilities (of persons with disabilities Russian
Federation) to their [fullest EU] (full EU) potential;
[(d) [[Taking into account EU] (Promoting EU) the best interests of [the
child Russian Federation, Trinidad and Tobago] (children Trinidad and
Tobago) (persons with disabilities Russian Federation), (while respecting the
rights and responsibilities of parents and, when applicable, legal guardians
concerning the childs education Holy See) in particular by individualizing
education plans (and granting, if need be, possibilities of education at home
Russian Federation). China, Mexico] New Zealand]
(Satisfy the special educational needs of persons with disabilities. Mexico)
(and agree that:
a. Education shall be directed to the full development of the human
personality and sense of dignity and strengthen the respect for human
rights and fundamental freedoms,
b. Education shall enable all persons with disabilities to participate
effectively in a free society,
c. Education shall promote understanding, tolerance and friendship among
all nations and all racial, ethnic or religious groups, and
d. Education shall further the activities of the United Nations for the
maintenance of peace. China)
__________________
58 The Ad Hoc Committee may wish to consider whether the focus of the chapeau should be solely
on children, since other provisions of this draft article refer to persons with disabilities.
59 Paragraph 1 of this draft article draws on article 13 (1) of the International Covenant on
Economic, Social and Cultural Rights and article 29 (1) of the Convention on the Rights of the
Child. It does not quote those sources in full, but rather selects those elements that have
particular relevance to persons with disabilities. The Ad Hoc Committee may wish to give
further consideration to this approach.
A/AC.265/2004/5
((e) Granting to all persons with disabilities a professional training and
retraining taking their physical and psychological limitations into account
Russian Federation)
[2. [In realizing this right, States Parties shall (endeavour to EU, Costa Rica,
Australia) (take all possible steps to Israel) ensure:
(a) [[That all persons with disabilities can choose Israel] (the availability
of Israel) inclusive and accessible education (and training Australia) in [their
own Israel] (each Israel) community (including access to early childhood and
pre-school education);60 (taking account of medical and social recommendations
Russian Federation) EU]
(That persons with disabilities can avail of inclusive and accessible education
(including equal access to early childhood and pre-school education) and that such
education shall be provided to the (maximum Costa Rica) extent possible in the
communities in which they live EU, Japan)
(Priority is given to the integration of children with disabilities in the general school
system Israel)
(b) [The EU] [provision of [required Thailand] (needed Thailand)
support, including the specialized training of teachers,61 (instructors Costa Rica)
[school counsellors and psychologists Lebanon] EU] (other educational staff
as needed Lebanon) (sociologists Yemen) (appropriate support including
specialized training for teachers and other staff EU), an accessible curriculum, an
accessible teaching medium (materials Costa Rica, Mexico) and technologies,
(appropriate assistive devices Mexico) alternative and augmentative
communication modes, alternative learning strategies, an accessible physical
environment, (long distance education Serbia and Montenegro) or other
reasonable accommodations to ensure the full participation of [students Mexico]
(persons Mexico) with disabilities;
(Accessibility of the school system to persons with disabilities whose children study
in the school, on an equal footing, with other parents.
Appropriate representations for teachers with disabilities in the school system,
including by way of prevention of discrimination on the basis of disability in
recruitment and throughout the course of employment and making reasonable
accommodations in recruitment and throughout the course of employment. Israel)
(c) That no [child Bahrain] (person Bahrain) with disabilities is
excluded from [free and [compulsory Yemen] Bahrain] (mandatory Yemen)
primary (and intermediate Bahrain) education on account of [their Holy See]
(his or her Holy See) disability (unless accommodation of the childs needs on
__________________
60 The intent of this draft article is to provide the right to choose inclusive and accessible
education. There is no intention to create an obligation on students with disabilities to attend
general schools where their needs may not be adequately met. The Ad Hoc Committee may wish
to consider whether the wording of this subparagraph is sufficiently clear.
61 The Ad Hoc Committee may wish to consider whether this draft article should also include the
employment of teachers with disabilities in the general education system (see, for example,
article 10 (d) of the Indian proposal), the removal of legislative barriers to persons with
disabilities becoming teachers, and raising awareness among teachers of the needs of children
with disabilities.
A/AC.265/2004/5
account of his or her disability would impose an extremely unreasonable burden
Israel) (and measures shall be taken to meet their educational needs Uganda).
((d) Promote access to scholarships and financial resources for persons with
disabilities, without restricting that access for only those who course compulsory
primary education. Mexico)
(States Parties shall encourage the employment of teachers with disabilities in their
general education systems and shall ensure the removal of legislative barriers to
persons with disabilities becoming teachers and shall raise awareness on the needs
of children with disabilities Uganda)
3. (Acknowledging that education of persons with disabilities in the general
education system should be the rule, and the provision of specialist education
services the exception Morocco) [States Parties shall ensure that where the
general education (and training Australia) system does not adequately meet the
needs of persons with disabilities special and alternative forms of [learning62
Yemen] (education Yemen, New Zealand) should be made available. Any such
special and alternative forms of [learning Yemen, Mexico] (education Yemen,
New Zealand) (teaching Mexico) should:63 EU]
(Where the general education system does not yet adequately meet the needs of
persons with disabilities States Parties shall take appropriate measures to promote
alternative forms of education. Any alternative forms of education provided under
this article should: EU)
(a) [Reflect the same standards and objectives provided in the general
education (and training Australia) system; EU]
(Be closely linked to and reflective of the same curriculum and aim to reflect the
same standards and objectives provided in the general education system, taking into
account the learning and development needs of persons with disabilities. EU)
(b) Be provided in such a manner as to allow children with disabilities to
participate in the general education system to the maximum extent possible;64
__________________
62 The term learning does not have the same meaning as the term education. The Ad Hoc
Committee may wish to consider which is the most appropriate word. An alternative word in
this paragraph could be provision.
63 While members of the Working Group considered that choice was an important element of this
paragraph, some members considered that the right to education was more important. Other
members would have liked greater emphasis on the best interests of the child in this choice.
Different approaches were also identified with respect to setting out the relationship
between the provision of specialist education services and the general education system. Some
members considered that education of children with disabilities in the general education system should
be the rule, and the provision of specialist education services the exception. Others thought that
specialist education services should be provided not only where the general education system was
inadequate, but should rather be made available at all times without a presumption that one approach
was more desirable than the other. Some members of the Working Group, for example, highlighted the
need for deaf and blind children to be allowed to be educated in their own groups. If the latter approach
were to be taken, the Working Group considered that there should still be an explicit obligation on the
State to make the general education system accessible to students with disabilities, without
limiting the individuals ability to choose either the general system or the specialist services.
64 The intention of this subparagraph is to ensure that the general education system and specialist
education services are not mutually exclusive options, and that there is a range of options in
between that are available.
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[(c) Allow [a free and informed EU] for choice between general and
special (education EU) systems; (upon careful consideration of the best interests
of students with disabilities Japan) (The level of specialized education must be
identical to the one of general education so as to be able to raise persons with
disabilities to the level of non-disabled people and give them access to higher
education Libyan Arab Jamahiriya) Jordan]
(d) In no way limit the duty of States Parties to continue to strive to meet the
needs of students with disabilities in the general education system. China]
(States Parties shall take effective and appropriate measures to progressively realize
the rights of persons with disabilities to education on an equal basis.
a. In order to develop an inclusive and accessible general education to meet
the needs of persons with disabilities, States Parties shall provide
support, including the specialized training of teachers, school counsellors
and psychologists, an accessible curriculum, an accessible teaching
medium and technologies, alternative and augmentative communication
modes, alternative learning strategies, accessible physical environment,
or other reasonable accommodations to ensure the full participation of
students with disabilities;
b. Where the general education does not adequately meet the needs of
persons with disabilities, States Parties shall develop special or
alternative forms of education. Any such special or alternative forms of
education should:
(i) Adhere to the standards and objectives provided in the general education
system, and
(ii) In no way be a barrier for persons with disabilities to participate in the
general education. China)
4. [States Parties shall (endeavour to Australia) ensure that [children
Mexico] (persons Mexico) with sensory disabilities [may choose to be taught
Mexico] (have access to Mexico) sign language or Braille, as appropriate, and [to
receive the curriculum (using alternative modes of communication, including
Costa Rica, Australia) in sign language or Braille (as appropriate Costa Rica) (or
other modes of communication Yemen). Mexico] (to facilitate their learning
process and to follow the curriculum Mexico). States Parties shall take
appropriate measures to ensure quality education (and training Australia) to
[students Mexico] (persons Mexico) with sensory disabilities by (encouraging
and promoting Australia) [ensuring Australia] the employment of teachers
who are fluent in sign language or Braille.65 EU, South Africa]
__________________
65 Some members of the Working Group preferred to keep this paragraph specific to children with
sensory disabilities to allow, for example, deaf children to be taught in sign language. Other
members questioned whether it should be broadened to include all children who might need
alternative communication modes. In either case, there was agreement that wherever sign
language, Braille, or alternative communication systems are taught and used, it should be in
addition to, and not instead of, the teaching of written or spoken national languages. The Ad
Hoc Committee may also consider whether this issue could be addressed in draft article 13 on
freedom of expression and opinion.
A/AC.265/2004/5
(States Parties shall take appropriate measures to ensure that persons with
disabilities may choose to be taught using a variety of communication modes and
shall work to ensure quality education to students with disabilities by ensuring that
teachers are able to use different communication modes. EU, Japan)
(Deaf and deaf blind persons have the right to receive education in their own groups
and to become bilingual in sign language in their national spoken and written
languages. Costa Rica)
5. States Parties shall (endeavour to Australia) (take all possible steps to
Israel) (take appropriate measures to China) ensure that [persons with disabilities
[may access Israel] (in relation to Israel) [general Lebanon, South Africa]
(all academic and technical education in public or private institutions at all levels of
education Lebanon) China] (have equal opportunity to access China)
(secondary and EU, Thailand) tertiary education, vocational training,
(professional training Kenya), adult education and lifelong learning (and teaching
South Africa) [on an equal basis South Africa] (on an equitable basis South
Africa) with others (and with appropriate assistance Australia). [To that end
Israel] (In order to secure the implementation of the provisions of the paragraph
Israel), States Parties [shall render [appropriate Thailand] (needed Thailand)
[assistance South Africa] (support South Africa, Thailand) to persons with
disabilities. EU, China, New Zealand, Australia]. (shall ensure that reasonable
accommodation is provided. EU). (States parties shall guarantee that their
national education systems recognize and certify skills acquired through alternative
forms of vocational training for persons with disabilities Lebanon)
((a) Persons with disabilities have access to all such systems including by
way of accommodations in examinations and in the curriculum on an equal basis
with others;
(b) appropriate representation for persons with disabilities and staff in all of
the above systems, including by way of prevention of discrimination on the basis of
disability and the making of reasonable accommodations in employment and
recruitment in such systems. Israel)
(5 bis a) ensure non-discriminatory access to the learning environment; b) ensure
enabling environment that ensures equitable participation of students with
disabilities in the learning process. South Africa)
(States Parties shall ensure that vocational rehabilitation, training and retraining
opportunities are open to people who acquire a disability in the course of their
working life. Uganda)
(The State shall provide for functional education to persons with severe, intellectual
and multiple disabilities on a continued basis India)
Article 18
Participation in political and [public life Jordan] (public affairs Jordan)
[[States Parties [recognize Uganda] (shall ensure Uganda) the political
rights of persons with disabilities (and their role in public administration
Uruguay), [without discrimination Costa Rica] (on the basis of effective equality
and to guarantee its effective enjoyment Costa Rica), and undertake to:
Argentina, Lebanon]
A/AC.265/2004/5
(Shall guarantee the political rights of persons with disabilities without undue
restrictions and undertake to: Argentina)
(States Parties shall guarantee to all persons with disabilities the full participation to
political and public life without any discrimination or restriction, and shall
undertake to: Lebanon)
(a) [Actively promote an environment in which [persons China] (citizens
China) with disabilities can effectively and fully participate in political [and
public Japan, China] life, directly or through freely chosen representatives (in the
countries that approve of indirect voting Lebanon) Morocco] (Allow persons
with disabilities to participate effectively, fully and freely in political and public life
Morocco), [including (by guaranteeing Namibia) [the right and opportunity of
[citizens Namibia] (persons Namibia) with disabilities China] Japan]
(exercise the right China) (by providing citizens with disabilities with
opportunities Japan) to vote and (to China) [be elected India] (stand for
election India) (in accordance with election law China), and by [ensuring that
Australia] (promoting Australia) (political processes, Costa Rica) (taking
measures to establish and maintain Japan) voting procedures and facilities (that
Australia):
(i) Are appropriate, accessible and easy to understand (and use Canada);
(ii) Protect the right of citizens with disabilities to (make a free and informed
decision Costa Rica) vote by secret ballot; and
(iii) [[Allow, where necessary, (and at the citizens request Costa Rica) the
provision of [assistance (of their choice Uganda) in voting to citizens with
disabilities Costa Rica] (the required support to exercise their vote Costa
Rica) (when they so request Guatemala) (introducing the necessary
adaptations that will facilitate the use of new technologies Uruguay)
Morocco] (Ensure that the necessary support is provided to citizens with
disabilities to vote Morocco) Chile]; (Guarantee the effective exercise of
the right of suffrage to all citizens with disabilities who request it, and the
necessary assistance to this effect, including the alternative of assisted voting,
which does not impede the secrecy of the ballot indicated in the previous point
Chile)
(b) Actively promote an environment in which persons with disabilities can
effectively and fully participate in [the conduct of public administration
Argentina] (direction of public issues Argentina) (without discrimination EU),
[and shall [encourage, as appropriate Yemen] (ensure Yemen), their participation
in public affairs China], including [to Japan, China] (their Japan):66
(i) Participate (participating Japan) [on a basis of equality EU,
Australia] (on an equal basis to others Australia) in the activities and
administration of political parties and civil society;
((i bis) Take all appropriate measures to ensure that people with disabilities
without any discrimination have the opportunity to represent their governments
and to participate in the work of international organizations Kenya
__________________
66 The Ad Hoc Committee may wish to consider the differing levels of obligations that are
appropriate for State and non-State organs in this paragraph.
A/AC.265/2004/5
(ii) [Form and join Japan] (establishing and adhering to Japan)
organizations [of persons with disabilities Mexico] to represent persons
with disabilities at (local Namibia) (international Uganda, Yemen)
national, regional and local levels;
((iii) represent their states at national, regional and international levels to
participate in the work of international organizations Namibia)
[(c) Ensure that persons with disabilities and their organizations [participate,
on an [equal basis South Africa] to others EU] (equitably South Africa)
(can participate without discrimination and on an equal basis to other citizens
EU), in all decision-making processes, [[in particular those [concerning China]
issues relating to [persons with disabilities Peru] South Africa] Chile]
(public and political life Peru, Guatemala) (in matters of public interest and the
persons with disabilities in particular, implying their participation in the design,
implementation, control and evaluation of public policies, as well as legislative
proposals Chile).67 (including to: (i) participate in the formulation,
implementation and evaluation of plans and programmes for national and regional
development Namibia) New Zealand]
((d) enable persons with disabilities to participate in the formulation,
implementation and evaluation of plans and programmes for local, national and
regional development, which may affect them Kenya) New Zealand]
((d) to ensure that persons with disabilities can access national parliaments
and/or local government legislative bodies and be properly seated therein either as
elected members of those bodies or as visitors Trinidad and Tobago)
((d) States Parties shall adopt such legislative and other measures as may be
necessary to ensure that persons with disabilities have an effective opportunity to
enjoy the rights protected in this article Uganda)
(1. States Parties shall guarantee to [citizens Israel, Sierra Leone] (persons
Israel, Sierra Leone) with disabilities [the right and the opportunity Israel]
(implementation and fulfilment on the basis of equality of such rights as are
prescribed by law Israel) (of citizens Sierra Leone) to take part, on the basis of
equality, ( Israel) in the conduct of public affairs, [including the right and
opportunity to vote Israel] and be elected in all elections and public referenda
and be eligible for election to publicly elected bodies. In particular States Parties
shall ensure that voting procedures and facilities:
(a) Are appropriate, accessible and easy to understand;
(b) Protect the right of [citizens Israel] (persons Israel) with
disabilities to (entitled to Israel) vote by secret ballot; and
(c) Allow, where necessary, the provision of assistance in voting to [citizens
Israel] (persons Israel) with disabilities (entitled to vote Israel).
2. States Parties shall take all appropriate measures to ensure to persons with
disabilities, on the basis of equality, the right:
__________________
67 The Ad Hoc Committee may wish to consider subparagraph (c) alongside the similar provision
in draft article 4 (2) of the present draft, and whether both provisions are necessary. The Ad Hoc
Committee may also wish to compare both paragraphs to article 6.1 (b) of International Labour
Organization Convention No. 169 and rule 14 of the Standard Rules.
A/AC.265/2004/5
(a) To participate in the formulation [of government policy and the
implementation thereof Sierra Leone] (and implementation of public policies
Sierra Leone) and to hold public office and perform all public functions at all levels
of government;
(b) To participate in (international organizations Sierra Leone) nongovernmental
organizations and associations concerned with the public and political
life of the country.
3. In particular, States Parties shall actively promote an environment in which
persons with disabilities can:
(a) Participate in the activities and administration of political parties;
(b) Form, lead and join organizations of persons with disabilities established
to represent them at (international Serbia and Montenegro) national, regional and
local levels. New Zealand)
(States Parties shall guarantee that the rights of this article are not denied or
restricted on the basis of disability in any manner Israel)
Article 19
Accessibility
1. [[States Parties to this Convention shall [take [appropriate Japan, African
Group]68 (progressive Japan, Australia, India, African Group) measures (gradually
Mexico) (to the maximum extent of their available resources China) [to
identify and eliminate obstacles Mexico (and barriers African Group), and (in
accordance with available resources Viet Nam) to ensure (the best Viet Nam)
accessibility [for persons with (all kinds of Israel, Lebanon) disabilities to
Mexico] (in Mexico) the [built Costa Rica (physical Costa Rica, Japan,
India, Serbia and Montenegro)69 environment, (furniture and equipment Mexico)
(to amenities inside buildings and the communications environment New
Zealand) to transportation, [to information Mexico] and communications,
[including information and communications technologies [and to other services
African Group] Mexico] Chile],70 (so that any persons with disabilities can
access, move around, exit, be oriented, to be evacuated in emergency conditions and
communicate in a safe and autonomous way, adopting the necessary measures
Mexico) (remove barriers in all areas including the built environment, goods,
services including transportation, information and communications facilities,
information technology, electronic commerce including banking equipment,
aids and appliances Australia) (adopt the appropriate measures to identify and
eliminate obstacles and to ensure that persons with disabilities have access to built
spaces, to transport in its diverse forms (land, air and maritime), to the culture, to
information and communication, taking into account the right of persons with
__________________
68 Some members of the Working Group preferred the word progressive in this paragraph and in
the chapeau of paragraph 2. Other members were concerned with consistency with other articles
of the Convention. The Ad Hoc Committee may wish to consider alternative formulations.
69 The Ad Hoc Committee may wish to consider whether the term physical should be used
instead of built, which is its near synonym in this context.
70 The Ad Hoc Committee may wish to consider further the issue of attempting to list
comprehensively the facilities and services covered in the chapeau to this paragraph, including
whether a reference to the communications environment is desirable.
A/AC.265/2004/5
disabilities to accessible information and communication technologies and other
services Chile) in order to ensure the (enjoyment of the rights and fundamental
freedoms of persons with disabilities, their Costa Rica) capacity [of persons with
disabilities Costa Rica] to live independently and to participate fully in all aspects of
life. [The focus of these measures shall include, inter alia EU, Australia] Canada]
(States Parties to this Convention shall take appropriate measures to identify and
eliminate obstacles to accessibility, including inter alia architectural, sensorial and
cultural barriers, and promote equal access to information and means of
communication EU) (States Parties to this Convention shall take all appropriate
measures to identify and eliminate existing barriers, to prevent the creation of new
barriers, and to ensure accessibility for persons with disabilities in order to enhance their
capacity to live independently and to participate fully in all aspects of life Canada):
[[(a) (Promotion of Japan) The construction and renovation of [public71
buildings Japan, African Group] (buildings for public use Japan, African
Group) (and private buildings for public use Guatemala), roads (infrastructure
New Zealand) and other (private or public Costa Rica) facilities for public use,
including (but not limited to Philippines) schools, housing, medical facilities,
indoor and outdoor facilities and [publicly (and privately Chile) owned
African Group] workplaces (and private entities that provide public facilities or
services addressed to public Lebanon); (all buildings that house key services for
persons with disabilities must be made fully accessible Kuwait) (including
privately owned or developed buildings, facilities and services for public use
Argentina) Mexico; India, EU]
(the inclusion of principles of universal design in the construction and renovation of
all indoor and outdoor physical environment India)
(identify and eliminate, systematically, existing architectural obstacles, to
transportation and communications, with the aim to facilitate their access and use by
persons with disabilities;
the construction and renewal of public buildings, roads and other indoor and outdoor
public facilities, such as schools, housing, medical establishments and public
property work spaces; Mexico)
(b) [The development [and remodelling Viet Nam] of public transportation
facilities, communications and other services, including electronic services. EU]
Israel Australia] African Group] (Promoting universal design for mobility
aids, devices and assistive technologies and encouraging private entities which
produce these to take into account all aspects of mobility for persons with
disabilities African Group)
((c) Formulate and implement plans to progressively reduce and eliminate
barriers to accessibility for persons with disabilities with respect to existing public
__________________
71 The Ad Hoc Committee may wish to consider the scope of the provisions in this draft article, in
particular paragraphs 1 (a) and (b), and 2 (a), (b), (c) and (d). The Working Group questioned
whether the concept of public buildings, facilities and services should also extend to privately
owned or developed buildings, facilities and services intended for public use, and what level of
obligation States parties should place on private owners or developers to ensure access to
persons with disabilities. Some members of the Working Group were of the view that privately
owned or developed buildings, facilities and services should be covered by the obligations in
this draft article, but other members wished to consider the implications of this further.
A/AC.265/2004/5
buildings Kuwait, Lebanon) (and private entities that provide public facilities or
services addressed to public Lebanon)
((c) The developing and remodelling of public transportation facilities,
communications and services, including electronic services. African Group)
2. [States Parties shall also take [appropriate Israel, Japan] (all possible
Israel) (progressive Japan, Australia) measures to EU] (inter alia Australia)
(These measures shall include EU):
[(a) [Provide African Group] (Ensure African Group) [[in Mexico]
public [buildings and facilities African Group] (for public use, audio, African
Group) signage in Braille and easy-to-read-and-understand forms Mexico, Costa
Rica] (in easy-to read and understand forms, including Braille Costa Rica)
(service spaces with visual and tactile signalling, as well as the use of international
accessibility symbols, to orient persons with disabilities; EU, Israel]
(ensure, including by way of legislation and state-funded financial incentives, that
places, buildings, facilities and services open to, and used by the public are
accessible to people with all kinds of disabilities, including by way of provision of
auxiliary aids and services Israel)
(devise policies and necessary technologies in order to make public transportation
accessible to persons with disabilities, and develop special transportation services
for persons with disabilities as a complementary measure to public transportation
Republic of Korea)
[(b) [[Provide African Group] (Ensure the provision of African Group)
[other forms of [[live Chile, African Group] (personal Chile, African Group)
[assistance72 African Group] (and assistive services African Group) (,
facilitators Chile) and intermediaries Japan],73 (assistance Japan) (support
services and technical and technological aids Costa Rica) including guides,
readers and sign language interpreters, to facilitate accessibility to [public
African Group] buildings and facilities Mexico] (for public use African
Group) (qualified personnel to assist and guide persons with disabilities in public
service spaces Mexico); Kuwait, Israel] EU]
(provide [other forms of Lebanon] live assistance including guides, readers (and
sign language interpreters Lebanon) and captioning to facilitate accessibility to
public buildings, facilities and information;
provide sign language interpreters as intermediaries to interpret information from
spoken language into sign language and from sign language into spoken language
for access to public services, education and to facilitate participation Kuwait)
(promote and encourage, including by way of state-funded financial incentives, the
accessibility to people with all kinds of disabilities of residential places and
buildings Israel)
__________________
72 Live assistance includes human assistance, such as guides and readers, and animal assistance,
such as guide dogs. The Ad Hoc Committee may wish to consider whether there is a more selfexplanatory
term. The term is also used in draft article 20 (a).
73 Intermediaries means people who do not assist but who rather act as a conduit for the
transmission of information to certain groups of persons with disabilities, for example, sign
language interpreters for the hearing impaired. The term is also used in draft article 20 (a).
A/AC.265/2004/5
(assist persons with disabilities, if required, with interpreters of sign language and/or
guides or companions; Mexico)
(c) [Develop, promulgate and monitor implementation of minimum national
standards and guidelines for the accessibility of [public Israel, African Group]
(places, buildings Israel) facilities and services (intended for use by the public
African Group) EU] (open to, or used by the public Israel) (as also for private
facilities intended for full or partial public usage India) (This decree includes
buildings and private installations which render public services or which cater to the
public Chile); (developing, promulgating and monitoring implementation of
minimum national standards and guidelines for the accessibility of public facilities
and services in consultation with organizations of persons with disabilities EU)
((c bis) Facilitating access by persons with disabilities to mobility aids,
devices, assistive technologies and forms of live assistance and intermediaries
including by making them available at affordable cost; African Group)
(d) [[Encourage Kuwait, African Group] (Require Kuwait, Thailand)
(Ensure African Group) (all Lebanon) private entities [that provide public
facilities and services Lebanon, Chile] (in general, which do not render public
services or cater to the public, Chile) to take into account all aspects of
accessibility for persons with disabilities; (undertaking and promoting research,
development and production of new mobility aids, devices and assistive
technologies; African Group India]
[(e) [Undertake and promote Japan] (Promote, and where appropriate,
undertake Japan) (and disseminate Mexico) research, development and
production (, including localization Thailand) of new assistive technologies (and
universal design EU) (where appropriate Costa Rica), giving priority to
[affordably priced Mexico] (low cost Mexico) technologies; New Zealand]
((e bis) promoting the development, availability and use of universally
designed goods, services, equipment and facilities, which are accessible and
understandable to, as well as usable by, everyone, to the greatest extent in the most
independent and natural manner possible, without the need for adaptation or
specialized design solutions EU)
[(f) Promote (the conception, principles and implementation of Chile)
[universal design Kuwait] (personal accessibility to all persons with disabilities)
and international cooperation in the development of standards, guidelines and
assistive technologies; (following, if appropriate with internationally recognized
accessibility standards and guidelines Thailand)
[(g) [Ensure African Group] (Ensure African Group) that organizations
of persons with disabilities (and families of disabled children Jordan) are
consulted (and fully involved from the conception African Group) (at all stages
in the process of formulating legislation, regulations, standards and guidelines in
relation to accessibility Israel) [when Israel] (at all stages in the process of
formulating legislation, regulations, Israel) standards and guidelines [for Israel]
(in relation to Israel) accessibility [are being developed Israel]; New Zealand]
(h) Provide training for all stakeholders (including professionals involved in
designing structures African Group) on accessibility issues [facing African
Group] (for African Group) persons with disabilities. EU]
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(promote among persons with disabilities the benefits they can obtain from the use
of new information technologies and telecommunications Mexico)
((i) Incorporate the theme of accessibility in the study programmes of those
being educated at all levels Chile)
(3. (a) States Parties shall introduce legislation requiring that:
(i) All places, buildings, facilities and services open to and used by the
public shall be made accessible, subject to no disproportionate burden being
imposed and subject also to the possibility of providing for progressive
realization of accessibility in accordance with this subparagraph;
(ii) Such accommodations are made in residential places and buildings as are
reasonable in the circumstances
(b) Legislation introduced under this paragraph shall include appropriate and
effective remedies and penalties as well as efficient enforcement and
implementation mechanisms
4. States Parties shall, in the implementation of this article, place special
emphasis on taking all possible steps to ensure the accessibility of the legal system,
including civil and criminal proceedings, the courts of law, tribunals, interrogation
and testification procedures
5. The term auxiliary aids and services shall include:
(a) Interpreters or other methods of making orally delivered materials
available to individuals with hearing impairments;
(b) Readers, taped texts or other methods of making visually delivered
materials available to individuals with visual impairments;
(c) Guidance, advice and information in a manner intelligible to persons with
mental, psychiatric and cognitive disabilities Israel)
Article 20
Personal mobility74
[States Parties to this Convention shall take [effective75 Costa Rica]
(appropriate Costa Rica, Uganda) (and progressive Kenya) measures to [ensure
Costa Rica] (allow the enjoyment of the Costa Rica) [liberty of (independent
Uganda) movement China] (personal mobility China) with the greatest possible
independence [for Costa Rica] (for Costa Rica) persons with disabilities, (in
the manner and at the time of their choice and at affordable cost Jordan)
including: EU] (States Parties to this Convention shall take appropriate measures
to [promote Republic of Korea] (ensure Republic of Korea) liberty of
movement for persons with disabilities EU)
__________________
74 This draft article is entitled Personal mobility to distinguish it from the broader right to liberty
of movement in article 12 (1) of the International Covenant on Civil and Political Rights. The
Ad Hoc Committee may wish to consider the placement of elements of this draft article, in
particular subparagraphs (a), (b) and (c).
75 Some members of the Working Group preferred the word progressive or appropriate. Other
members were concerned with consistency with other articles of the Convention. The Ad Hoc
Committee may wish to consider alternative formulations.
A/AC.265/2004/5
(a) Facilitating access by persons with disabilities to [high-quality Costa
Rica] (functional Costa Rica) (appropriate Uganda) mobility aids, devices,
(and EU) assistive technologies [[and (other Costa Rica) forms of [live
assistance Chile] (, good quality devices and personal help, facilitators Chile)
and intermediaries Costa Rica] (support services Costa Rica), including by
making them available at affordable cost EU]
[(b) Promoting (appropriate Uganda) universal design for mobility aids,
devices and assistive technologies and encouraging private entities which produce
these to take into account all aspects of mobility for persons with disabilities;
[(c) [Undertaking and promoting Japan] (promoting and where appropriate
undertaking Japan) research, development and production of new mobility aids,
devices and (new Chile) assistive technologies (, as appropriate Costa Rica)
(and the participation of persons with disabilities in research for devices Yemen)
(and to encourage the private sector to invest in research in this field Morocco)
(for the mobility of persons with disabilities Chile); New Zealand]
(d) Providing training in mobility skills to persons with disabilities (, their
families Costa Rica) and to [specialist Costa Rica] staff working with persons
with disabilities (and their families Yemen) (and encourage exchange of
experiences among states in this field Morocco);
[(e) Facilitating the freedom of movement of persons with disabilities in the
manner and at the time of their choice (and promote their purchase at affordable cost
Mexico), and at affordable cost;
(f) Providing information (in accessible format Chile) to persons with
disabilities (and their families Costa Rica) about mobility aids, devices, assistive
technologies and other forms of assistance and services;
(g) Promoting awareness about mobility issues for persons with disabilities.
Jordan] New Zealand, EU]
(States Parties shall adopt all possible measures to have technologies exempt from
taxes and to have them at low prices Bahrain, Yemen)
Article 21
Right to health [and rehabilitation Mexico]76 (Access to healthcare and
medical rehabilitation EU) (Access to healthcare South Africa)
Right to health and medical and paramedical rehabilitation Lebanon
States Parties recognize that (the promotion of health and the prevention of
disabilities is an immutable and essential responsibility of all health-care systems
__________________
76 Some members of the Working Group considered that grouping rehabilitation with health
was inappropriate, and that it would be better dealt with in a separate article, because rehabilitation
includes more than medical rehabilitation, and should not be medicalized. Rehabilitation
includes medical, physical, occupational, communication and psychosocial services as well as
training in everyday skills and mobility. The term rehabilitation as used here includes those
processes sometimes called habilitation (the gaining of skills that people have not previously
had, rather than the regaining of skills lost). The Ad Hoc Committee may wish to include an
explanation of this nature in draft article 3 on definitions. Rehabilitation for the purposes of
work and education may be best covered in the relevant draft articles on work and education.
A/AC.265/2004/5
and that Philippines) all persons with disabilities have (full access to and
Namibia) the right to the enjoyment of the highest attainable standard of health (free
Yemen) [without discrimination on the basis of disability Costa Rica] (on an
equal basis and considering human diversity Costa Rica). States Parties [shall
Japan] (and for that purpose Japan) strive to ensure no person with a disability is
deprived of that right, and shall take all appropriate (and effective Australia)
measures [to ensure access77 Japan] (affordability, adequacy and continuity when
needed Lebanon) (to create conditions which would assure to all persons with
disabilities health and rehabilitation services Japan) for persons with disabilities
to health (health insurance Uganda) (on an equal basis with others and without
discrimination Thailand) [and (medical EU, Canada, Lebanon) (and paramedical
Lebanon) rehabilitation Mexico] services. In particular, States Parties shall:
(a) [Provide New Zealand] (Ensure New Zealand) persons with
disabilities (have access to New Zealand) [with New Zealand] the same [range
and standard of New Zealand] (all Holy See) health (or healthcare Holy
See) [and (medical EU) rehabilitation Mexico] services (and information related
to the health services Guatemala) as provided [(to Canada) other [citizens
Canada, New Zealand] (persons and to the same standard New Zealand)
Mexico] (to persons without disabilities Mexico), [including (rehabilitation as
well as South Africa) sexual and reproductive health services Holy See,
Trinidad and Tobago];
[(b) [[Strive to provide South Africa] (Achieve the progressive realization
of disability specific South Africa) those (additional New Zealand) health
[and (medical EU) rehabilitation Mexico] services needed (and requested
Costa Rica) by persons with disabilities specifically because of their disabilities;
Namibia] (Develop understanding of disability rights, respect for diversity, nondiscriminatory
attitudes and realistic perception of the capacities of persons with
disabilities as users of health services for health professionals at all levels, in line
with the principles of this convention Namibia)
(c) [[Endeavour Uganda] (Ensure Uganda) to provide these health [and
(medical EU) rehabilitation Mexico] services [as close as possible New
Zealand] (in New Zealand) to peoples own communities Namibia];78
(including domiciliary attention and community-based rehabilitation Costa Rica)
(Involve persons with disabilities and their representative organizations in the
development and monitoring of health policies and of a code of ethics for public and
private health care in promoting quality, transparency and respect for human rights
at national level Namibia)
(c bis) Provide persons with disabilities with medical assistance including the
provision of medicines on a free basis in accordance with the minimum social
standards Russian Federation)
__________________
77 Some Working Group members suggested that affordability, and access to health insurance by
persons with disabilities without discrimination on the basis of disability, should be addressed in
the Convention.
78 There was general agreement in the Working Group that, as far as possible, health care and
rehabilitation services should be decentralized, taking into account the degree of specialization.
Some members of the Working Group also suggested that community-based rehabilitation
programmes should be ensured, including the working in partnership with local communities
and families to continue rehabilitation.
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[[[(d) [(Endeavour to Australia) Ensure that health [and rehabilitation
Mexico] services include the provision of [safe South Africa] respite places, to
use on a voluntary basis, and counselling and support groups, including those
provided by persons with disabilities Namibia]; Jordan] (Ensure that respect is
afforded to persons with disabilities to give consent to or refuse medical
interventions of all kinds, in accordance with their evolving capacities Namibia)
((d bis) Endeavour to support facilities that are in the ownership or managed
by persons with disabilities; South Africa)
(e) [Provide programmes and services to prevent and protect against
[secondary Morocco] disabilities, including among children (adults Chile) and
the elderly;79 Namibia] (Ensure appropriate training and support of sufficient
number of rehabilitation Namibia]
[[(f) [Encourage Uganda] (Promote Uganda) (biomedic, genetic and
scientific Chile) research and the development, dissemination and application of
new knowledge and technologies that benefit persons with disabilities (involvement
of organizations and establishments whose interest is to support research and
spreading knowledge and awareness of preventive services Bahrain);80 New
Zealand]
(g) [Encourage Uganda] (Promote Uganda) the development of
[sufficient numbers of Costa Rica] health [and rehabilitation Mexico]
professionals, including persons who have disabilities, covering all disciplines
needed to meet the health [and rehabilitation Mexico] needs of persons with
disabilities, and ensure that they have adequate specialized (or continued
Morocco) training; Canada] Jordan]
[(h) [Provide Canada] (Promote the appropriate education and training of
all Canada) [to all Canada] health [and rehabilitation South Africa,
Mexico] professionals [an appropriate education and training Canada] to increase
(their knowledge and Chile) their disability-sensitive awareness and respect for
the rights, dignity and needs of persons with disabilities, [in line with the principles
of this Convention;81 Canada]
[(i) (Endeavour to Australia) Ensure that a code of ethics for public and
private health care, which promotes quality care, openness and respect for the
human rights, dignity and autonomy of persons with disabilities, is put in place
nationally, and ensure that the services and conditions of public and private health
care and rehabilitation facilities and institutions are well monitored; Canada,
New Zealand]
__________________
79 There were conflicting views among members of the Working Group on the issue of the
prevention of disability. For some, the Convention has to do with the rights of existing persons
with disabilities, and should mention only the minimization of the effects or progression of their
disability, and the prevention of further, secondary disabilities. Others felt that the prevention of
disability per se should be included.
80 Some members of the Working Group suggested there should be a specific mention of the fields
of (bio)medical, genetic and scientific research, and its applications, and its use to advance the
human rights of persons with disabilities.
81 Part of the intent of this subparagraph is to ensure that health and rehabilitation professionals
providing services to persons with disabilities understand the ongoing effect disabilities have on
a persons life, as opposed to more immediate medical considerations.
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[(j) Ensure that health [and rehabilitation Mexico] services provided to
persons with disabilities, and the sharing of their personal health or rehabilitation
information,82 occur only after the person concerned has given their free and
informed consent (or with the application of other relevant legal safeguards
Japan, Argentina) (or their guardian or legal representative Morocco) (in respect
of each service offered New Zealand) (Ensure that free and informed consent is
given only after the person concerned has been told of the nature, consequence and
risks of the health intervention in the language understandable to the specific person
with disabilities and/or their immediate families and recognized guardians
Philippines),83 and that [health and rehabilitation professionals inform Mexico]
persons with disabilities of their [relevant Mexico] rights;84 EU]
(Promoting quality public and private healthcare that respects the human rights of
persons with disabilities and ensuring that health and rehabilitation professionals are
aware of, and respect, the rights, dignity and needs of persons with disabilities EU)
[(k) [[Prevent Costa Rica] (Impede Costa Rica) unwanted medical and
related interventions (rehabilitation Chile) and corrective surgeries from being
imposed on persons with disabilities (which are not authorized by them or their
representatives. Chile) China] (ensure that medical and related interventions
are in the best interests of persons with disabilities, and prevent unwanted medical
and related interventions unless exceptional circumstances in accordance with the
procedures established by law and with the application of appropriate legal
safeguards China);85 Jordan, New Zealand]
(Prevent medical, surgical and other related interventions from being imposed on
persons with disabilities without their free and informed consent. New Zealand)
[[(l) Protect the privacy of health and rehabilitation information of persons
with disabilities on an equal basis;86 South Africa] Australia, Mexico]
(Removing the barriers to access to health and rehabilitation services (as suggested
by the Asia/Pacific forum of National Human Rights institutions) for example,
spousal consent being required, lack of convenient and affordable transport and
affordability of services (on an equitable basis);
Equal access to public health programmes e.g. programmes aimed at preventing
HIV/AIDS, ensuring provision of safe and potable water and sanitation and cervical
and breast screening for women;
Rationing of health services should not be on the basis of disability;
__________________
82 Privacy issues have been also addressed in draft article 14 on the right to privacy.
83 Free and informed consent has wider application in this draft Convention than this paragraph
alone. The Ad Hoc Committee may wish to consider whether the following wording should be
included in this subparagraph or broadened to become a definition in draft article 3:
Informed decisions can be made only with knowledge of the purpose and nature, the
consequences and the risks of the treatment and rehabilitation supplied in plain language and
other accessible formats.
84 Some members of the Working Group considered that the subparagraph should spell out the rights.
85 Some members of the Working Group also considered that forced medical intervention and
forced institutionalization should be permitted in accordance with appropriate legal procedures
and safeguards (see also draft article 11).
86 Some members of the Working Group suggested that this subparagraph was redundant and
should be deleted.
A/AC.265/2004/5
Access to other health-related services, such as dentistry, New Zealand)
[(m) Promote the involvement of persons with disabilities and their
organizations in the formulation of health and (medical EU) rehabilitation
legislation and policy as well as in the planning, delivery and evaluation of health
and (medical EU) rehabilitation services.87 EU] Namibia] Canada]
Jordan, Argentina] Namibia, Mexico, New Zealand] EU]
(Give priority to providing health services to persons with severe disabilities
Bahrain)
(States should promote rehabilitation programmes based on the community. Chile)
(Remove barriers to the equal access to health services by persons with disabilities;
Ensure public health programmes, and programmes concerned with the underlying
determinants of health, benefit persons with disabilities on an equal basis with all
others;
Prevent the discriminatory allocation of health resources on the basis of disability;
Prevent the provision of a different standard of treatment or the discriminatory
refusal to provide health services, including the refusal to treat or to provide the
food and fluids necessary to sustain life, on the basis of disability New Zealand)
(21 bis Right to Community Based Rehabilitation
1. States Parties recognize that all persons with disabilities have the right to
rehabilitation. States Parties shall ensure that no person with disabilities is deprived
of that right, and shall take all appropriate measures to ensure full access for persons
with disabilities to rehabilitation services. In particular, States Parties shall:
(a) Endeavour to provide rehabilitation services within the community, based
on the principles of community based rehabilitation;
(b) Ensure that health and rehabilitation services include the provision of
safe respite places to use on a voluntary basis, counselling, and support groups
including peer support;
(c) Provide programmes and services to protect against and cope with
secondary disabilities including among children and the elderly;
(d) Encourage research and the development, dissemination and application
of new knowledge and technologies relating to rehabilitation that benefit persons
with disabilities in consultation with persons with disabilities.
2. States Parties shall recognize community based rehabilitation as a rights-based
strategy to alleviate poverty and to address the direct and indirect socio-economic
costs of disability at the level of the individual, family and the society at large
3. States Parties shall enhance rights, social and economic approach in the
development of community based rehabilitation services
__________________
87 The involvement of persons with disabilities in formulating legislation and policy, as well as in
the planning, delivery and evaluation of services, has wider applicability than this draft article.
Some members of the Working Group suggested that it should be covered under draft article 4
on general obligations.
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(a) Mobilizing awareness and responsiveness towards equal rights among
disabled children and adults, authorities and the society at large;
(b) Removing attitudinal, financial and infrastructural barriers in society, and
promoting inclusive public and private services for all, particularly for disabled
children and adults;
(c) Consulting and strengthening representative organizations of disabled
children, adults as well as their families as primary stakeholders in the full
development of such strategies and services;
(d) Enabling disabled children and adults to reach their potential through the
development of community based rehabilitation strategies and services at all levels,
which are affecting attitude change at large and based upon priorities of disabled
children, adults and caregivers themselves to achieve their rights
(e) Providing early intervention-, advisory-, functional training- and respite
services to disabled persons, families and caregivers in the community aiming at
self-reliance and full participation.
4. States Parties shall equip and empower a national coordinating disability body
with the responsibility to manage community based rehabilitation at national and
international level, assuring cohesiveness across national legislation, strategies and
service provisions and in line with all other disability issues.
(a) The consultation of and best interests of disabled children and adults
being paramount;
(b) Access, affordability and quality of such services is assured at all
governmental levels for all children, adults and their families;
(c) Ensure community based rehabilitation is included in all community
activities at all levels Namibia).
(21 bis Persons with disabilities have a right to a comprehensive psychosocial
rehabilitation in order to enable them to reach and sustain their optimum level of
functioning and self expression and to live an independent life of their choice in
their preferred community. Rehabilitation shall be understood as including
habilitation and rehabilitation. Toward this end States parties undertake:
1. To maintain and develop a comprehensive and integrated range of functional
rehabilitation services including occupational, vocational, housing, recreational,
educational, and associated assistive technology and management and a selfsupportive
system, and to ensure that such rehabilitation is in alignment and
continuity with medical and paramedical rehabilitation.
2. Take steps to ensure that information with respect to rehabilitation services and
procedures are widely available and accessible to all persons with disabilities and,
when appropriate, to their families.
3. To ensure that access to such services will be open to all persons with
disabilities without discrimination of any kind, and particularly without regard to the
kind or severity of the disability.
4. To take steps to ensure that the specific rehabilitation needs of women, girls,
children, the elderly, and family members of persons with disabilities are appropriately
addressed in order to ensure respect for their dignity and particular needs.
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5. To base the design of rehabilitation programmes on the actual needs of the
person concerned, through a process of individualized comprehensive assessment
and intervention and, towards this end, to actively involve the person in the design,
organization, and periodic review of their programme.
6. To prohibit the imposition of any programme of rehabilitation against the
wishes of the person concerned.
7. To take steps to ensure that rehabilitation programmes are available locally in
the individuals own community in order to ensure that the rehabilitation process
creates a meaningful and practical pathway into a life of full participation and
inclusion, in accordance with personal choice and opportunities.
8. To involve persons with disabilities and their representative organizations in
policy decision-making, the concrete rehabilitation process, and the evaluation of
rehabilitation outcomes.
9. To ensure that all personnel involved in rehabilitation are sensitized to the
rights and needs of persons with disabilities, and to ensure that their objective is to
make the full inclusion of people with disabilities possible. Israel)
(21 bis 1. States Parties recognize that rehabilitation is a prerequisite for the
equalization of opportunities and the full inclusion of persons with disabilities. To
that end, States Parties shall endeavour to ensure:
(a) Access to a continuum of rehabilitation services, including, inter alia,
physiotherapy, occupational therapy, speech language and communication therapy,
psychosocial counselling and therapies;
(b) These services are provided, to the extent possible, close to the
communities in which persons with disabilities live;
(c) The development of appropriate and specialized human resources and
training material to support the same;
(d) The production, usage and monitoring of good quality assistive devices at
affordable prices, and the promotion of research and development of the same
[removal of this clause from article 19 (e) and 20 (c)];
(e) Availability of programmes and services to prevent and protect against
secondary disabilities;
(f) Active involvement of persons with disabilities and their families in
matters of rehabilitation plans and policies; India)
(21 bis Right to training and rehabilitation [Right to habilitation and rehabilitation
Lebanon]
1. The States ensure to include reference to psychological, social, physical and
vocational rehabilitation in the chapeau of the article.
2. To include language on the need for consent of the person with disability
before any rehabilitation begins.
3. To include reference to the participation of persons with disabilities and their
representative organizations. Yemen)
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(21 bis Right to prevention
States Parties shall take all necessary measures particularly by offering programmes
and services that are aimed at preventing and fighting congenital or accidental
disabilities Cameroon)
Article 22
Right to work88 89 90
[States Parties [recognize Sierra Leone] (shall take appropriate steps to
safeguard and promote Sierra Leone) the (equal New Zealand, Mexico) [right
Australia] (equal right to work Australia) of (all Canada) [persons Jordan,
Uganda] (women and men Jordan, Uganda) with disabilities (of lawful working
age Uganda) [to work (including measures to Sierra Leone) (and to training
Bahrain) (and to receive training to work Palestine) [which includes (employment as
well as Ukraine) the opportunity to gain a living by work Costa Rica] that
they freely choose or accept (that preserves their dignity Palestine), [with a view
to promoting equal opportunity [and treatment South Africa] (and economic
empowerment South Africa) (in the working environment Mexico) of (all
Canada) persons with disabilities, and (acquisition of skills and assets that protect
Jordan) [protecting them from poverty Australia, Mexico] (in an environment
that provides equal opportunity and that is non-discriminatory Australia) (to
promote their full participation and development in the productive life Mexico).
States Parties shall (commit themselves to guarantee the enjoyment of this right and
Lebanon) (set a leading example in employment of persons with disabilities and
Republic of Korea, Thailand) take appropriate steps to safeguard and promote the
realization of this right. New Zealand] (In order to safeguard and promote the
realization of this right, States parties shall take appropriate steps to promote a
labour market and work environment that are open, inclusive, and accessible to all
persons with disabilities New Zealand), including measures to: EU] (States
Parties recognize the right to work of persons with disabilities on an equal basis as
others; this includes the right to the opportunity to gain a living by work freely
chosen or accepted. States Parties shall take appropriate steps to safeguard and
promote the realization of this right, including measures to: EU)
(Promote employment opportunities including free vocational choice for persons
with disabilities so as to enable them to exercise the right to work and enjoy equal
conditions of work.
Enable persons with disabilities to take full advantage of the right to education and
to have access to vocational and continuing training. EU)
(a) [[Promote Jordan] (Ensure Jordan) a labour [[market and work
environment Canada] (markets and work environments Canada) that are open,
inclusive and accessible to [all Costa Rica] persons with disabilities
__________________
88 The Ad Hoc Committee may wish to consider the potential role of the International Labour
Organization in implementing and monitoring the right to work under this Convention.
89 Some members of the Working Group raised the issue of a need to address the special
circumstances of women with disabilities in fulfilling this right.
90 The Ad Hoc Committee may wish to consider whether the broad terms in which this draft article
is expressed are consistent with the detailed provisions of other articles of the draft Convention.
The Committee may also wish to consider in this context whether further thought should be
given to elaborating provisions for the training of persons with disabilities.
A/AC.265/2004/5
Mexico];91 (rehabilitation as part of the integral rehabilitation for persons with
disabilities, where appropriate, by providing and evaluating orientation, training and
selective designation services, with the purpose of enabling persons with
disabilities to gain access, continuity and career advancement, as well as for labour
reintegration Mexico) New Zealand] (promote an inclusive labour market
which favours labour integration of persons with disabilities; Mexico) (Promote
equal employment opportunities and career advancement for persons with
disabilities in the open labour market, including opportunities for self-employment
and starting ones own business, as well as assistance in finding, obtaining and
maintaining employment. New Zealand)
(b) [Enable (Ensure Jordan) persons with disabilities to have effective
access to [general South Africa] technical and [vocational New Zealand]
(career New Zealand) guidance programmes, (recruitment Costa Rica)
placement services, [assistive devices EU], (technical aids Costa Rica) and
[vocational (labour training Chile) and [continuing South Africa] New
Zealand] (job New Zealand) (lifelong South Africa) training (this should be
preceded by rehabilitation and training to benefiting from devices and programmes
Yemen) Mexico]; (promote labour rehabilitation as part of the integral
rehabilitation for persons with disabilities, where appropriate, by providing and
evaluating orientation, training and selective designation services, with the
purpose of enabling persons with disabilities to gain access, continuity and career
advancement, as well as for labour reintegration Mexico)
((b bis) Ensure the reasonable accommodation of persons with disabilities in
workplaces and work environments; Canada)
[(c) [(Pursue active labour market policies Namibia, Uganda); [Promote92
Jordan, Israel] (Pursue active labour market policies with a view to promoting Israel)
(Ensure Jordan) (strategies for employability Colombia) (equal Sierra Leone)
employment opportunities and career advancement for (all Canada) persons with
disabilities in the open labour market, [including opportunities for self-employment
[and starting ones own business South Africa, Lebanon] (and facilitation of the
use of new technologies Lebanon) (encouraging set up of shelter workshops in order
to integrate (all Canada) persons with disabilities and market their products
Bahrain), (and other productive and labour alternatives Costa Rica) as well as
assistance in (creating, Costa Rica) finding, [obtaining South Africa] (securing
South Africa) [and Uganda] maintaining (and retaining Uganda) employment
Canada]; (and acquisition of work experience Jordan) New Zealand]
Mexico] (encourage the finding, obtaining and maintaining of employment and
career advancement opportunities for persons with disabilities through the
implementation of an active policy related to the labour market Mexico)
(provide assistance to persons with disabilities in finding, obtaining, maintaining,
and returning to employment including through vocational and professional
programmes Canada)
__________________
91 The Ad Hoc Committee may wish to consider whether to spell out the meaning of this provision
in practice and the further definition of the term inclusive in this context. In this context, too,
the Committee may wish to consider whether transportation to the workplace for persons with
disabilities is covered under the provision of access to the workplace under draft article 19.
92 The Ad Hoc Committee may wish to consider the addition of the phrase pursue active labour
market policies at the beginning of this subparagraph.
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((c bis) Promote access to credit and necessary technical assistance to develop
self employment opportunities for persons with disabilities Costa Rica)
((c bis) Take appropriate measures aimed at promoting the creation of
independent employment for persons with disabilities, in particular through
technical and/or financial support and employment with tax benefits where
appropriate Cameroon)
(d) [[Encourage Jordan, Namibia, Ukraine] (Ensure Jordan) (Stimulate
Ukraine) (Ensure that Namibia) (all Canada) employers93 (public or
private, employ and/or Namibia) [to Namibia] (create posts for persons with
disabilities by creating necessary facilities for persons with disabilities in their jobs
and in the production sphere Ukraine) hire persons with disabilities, [[such as
through affirmative action programmes, (avoiding discrimination on the basis of the
different types of disability Costa Rica) (services to support persons with
disabilities in the workplace Uganda) [incentives and quotas Costa Rica]
Sierra Leone, New Zealand, Canada] (including through positive measures
Canada) (and where appropriate through incentives Sierra Leone) (especially for
women with disabilities Morocco) (To provide incentives to sector which hire
persons with disabilities Bahrain) (through the use of means and alternatives, to
announce vacancies and interviews for employment so that persons with disabilities
would not be excluded among possible candidates Lebanon) Canada;94 EU]
(including through positive measures (Encourage employers95 to hire persons with
disabilities through appropriate policies and measures EU)
(Promote employers to hire person with disabilities through preferential policies and
programmes so that vocational training, job placement, tax exemption and credit
access Viet Nam)
(e) [(Encourage employers to create new accommodated working places
ensuring the necessary Ukraine) [[Ensure the [reasonable Yemen, Costa Rica]
Ukraine] (appropriate Yemen) (necessary Costa Rica) accommodation of
persons with disabilities in [the [workplace and New Zealand] work environment
New Zealand;96 EU] (workplaces and work environments New Zealand)
(Ensure that reasonable accommodation is provided to persons with disabilities in
the workplace and work environment. EU) Mexico] (ensure that workplaces
have reasonable accommodations to allow access of persons with disabilities and to
permit them to perform their activities Mexico)
(encourage self-employment for persons with disabilities through training, financing
and an expeditious and effective regulatory framework, in particular in the rural
sector Mexico)
__________________
93 The Ad Hoc Committee may wish to consider the appropriateness of specifying the particular
responsibility of Governments as employers in this context.
94 The Ad Hoc Committee may wish to consider the appropriateness of specifically mentioning
quotas as a possible measure in this draft article.
95 The Ad Hoc Committee may wish to consider the appropriateness of specifying the particular
responsibility of Governments as employers in this context.
96 Some members of the Working Group emphasized the particular importance of the obligation to
make reasonable accommodation in the employment context, and considered that a more
detailed paragraph on reasonable accommodation should be elaborated under the right to work,
in addition to any draft article on reasonable accommodation elsewhere in the Convention.
A/AC.265/2004/5
[(f) [Promote Jordan] (Ensure Jordan) the acquisition by persons with
disabilities of work experience in the open labour market (and the skills required by
the labour market in its various fields Yemen) (by preventing discrimination
Palestine); Jordan, New Zealand, Costa Rica, Cameroon]
(g) [[Promote Jordan] (Ensure Jordan) [vocational (, labour Chile)
and [professional South Africa] rehabilitation Costa Rica] (technical and
professional training programmes Costa Rica) (and non-exploitation in the
workplace Morocco), job retention [and return-to-work programmes New
Zealand] (for persons with disabilities EU); Jordan] Canada, Mexico]
[(h) (Promote the inclusion of specific regulations under labour legislation of
States Parties to Mexico) [[Protect97 Jordan] (Ensure Jordan) [through
legislation Japan, Canada, Mexico] persons with disabilities (from discrimination
with respect to all terms and conditions of their employment Canada) [with
regard to (conditions of recruitment, EU) employment (, compensation and
benefits Republic of Korea), continuance of employment, (workplace training,
Uganda) career advancement, (elimination of any form of exploitation at work
Morocco) working conditions, including New Zealand] (Ensure that persons with
disabilities have New Zealand) equal remuneration for work of equal value and
[equal opportunities, (especially women with disabilities Viet Nam) and the
redressing of grievances,98 (indemnities after loss of employment Morocco)
(health and safety in the work Costa Rica) (unemployment allowances
Lebanon) and to Canada] [ensure that persons with disabilities New Zealand]
are able to exercise their labour and trade union rights Canada]; (These measures
should consider safeguards to avoid the establishment of discriminatory conditions
and requirements which affect, in an explicit or implicit manner, access to
employment of persons with disabilities, and their tenure in their places of work,
envisaging penalties for the occurrence of these prohibitions. Chile) Israel]
(Ensure that all employment protection laws and standards, including in relation to
the minimum wage apply to all persons with disabilities working in the open labour
market, any derogation from such laws and standards being made only in
circumstances where derogation can clearly be shown to be justified. Israel)
[(i) Ensure that persons with disabilities have equal opportunity to
employment (in the access and [performance of work Chile) in the [public (and
private Palestine, Lebanon, Thailand) sector Viet Nam] (in all sectors Viet
Nam) (and promote affirmative action programmes to facilitate access to work
Costa Rica) Israel, EU, New Zealand, Cameroon, Peru, Serbia and Montenegro];
(Ensure that persons with disabilities have equal opportunities and appropriate
representation including by way of reasonable accommodation in the public sector
(without discrimination on the basis of their disabilities Thailand) recognizing
the heightened responsibilities as employers of government and other State funded
bodies to set a leading example in this regard Israel)
__________________
97 The Ad Hoc Committee may wish to consider this formulation to take into account the
protection of persons with disabilities from disguised discrimination in the workplace, such as
stipulating unnecessary qualifications that have the effect of excluding persons with disabilities
from employment.
98 The Ad Hoc Committee may wish to consider whether the listing of working conditions here
may be inadvertently limiting.
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((i bis) Ensure persons with disabilities are able to exercise their labour and
trade union rights; Canada)
[(j) [Promote Jordan] (Ensure Jordan) recognition99 of the [skills
India] (competencies India), merits, [abilities South Africa] and contributions
of persons with disabilities to the workplace and the labour market, (and to the
productive processes Chile) [and to combat (exploitation, Lebanon)
stereotypes and prejudices (, in particular prejudice regarding their capacity,
Lebanon) [about persons with disabilities Lebanon] in the workplace and the
labour market Japan, Jordan]. EU, Canada]
(Promote enterprises by persons with disabilities, established and developed, with
access to sources of credit and financing without conditions and requirements other
than those established for clients without disabilities, in accordance with stipulations
indicated in article 9 (e) of the Convention.
Support modalities of protected work for persons with disabilities who cannot be
incorporated in the competitive market.
Develop campaigns for the prevention of labour accidents. Chile)
(Encourage the creation of workshops for persons with disabilities and to promote
their production Bahrain)
(States Parties shall promote employment of persons with disabilities in the informal
sector through the creation of an enabling environment and the provision of
incentives and necessary support services Kenya)
((k) Ensure that the government as an employer promotes and regulates
flexible and alternative work arrangements and an environment that offers
reasonable accommodation of the needs of persons with disabilities.
2. States parties shall take legislative and other measures to ensure that persons
with disabilities enjoy the rights protected in this article Uganda)
(2. States Parties shall ensure effective and appropriate regulation and resources
that would provide for the development of alternative forms of community-based
employment for persons with disabilities who may not have the capacity to work in
the open labour market, in conditions which ensure useful and remunerative work
and which provide opportunities for vocational advancement including transfer to
open employment.
3. States Parties recognize the right of persons with disabilities to be protected
from economic exploitation. States Parties shall take effective legislative,
administrative, social and educational measures to ensure the implementation of this
article to this end, and having regard to the relevant provisions of other international
instruments, States Parties shall in particular provide for:
(a) Effective and appropriate regulation of non-integrated work settings,
including sheltered workshop; and
(b) Effective and appropriate penalties or sanctions to ensure the
enforcement of the present article. Namibia)
__________________
99 The Ad Hoc Committee may wish to expand on the idea of recognition to encompass the formal
recognition of the skills of persons with disabilities.
A/AC.265/2004/5
(Art 22 (2)
(a) States parties shall enact legislation on equality for persons with
disabilities in employment, on the basis of article 7 and containing the following
provisions in particular:
(1) prohibition on discrimination on the basis of disability in relation to all
aspects of employment including recruitment, employment conditions,
promotion, professional training, severance and retirement.
(2) requirement of employers to make such reasonable accommodations as
are necessary in order to facilitate the employment or continued employment
of persons with disabilities.
(b) A reasonable accommodation means an accommodation which does not
impose a burden which is disproportionate in the light of all the relevant
circumstances, including the cost and size of the accommodation, the size and
structure of the business, the scope of its operations, the number of employees, the
make-up of the workforce and the existence of external or State funding for the
purpose of carrying out accommodations.
(c) Legislation adopted in accordance with this paragraph shall also apply to
family members of persons with disabilities and shall include effective sanctions,
enforcement and implementation mechanisms.
22 (3) (Sheltered/Assisted employment)
(a) States parties recognize that priority shall be given to the full integration
of persons with disabilities in the open labour market and that employment of
persons with disabilities outside the open labour market should be reduced to and
maintained at the minimum level possible.
(b) States parties shall enact legislation protecting the rights of persons with
disabilities who are employed outside the open labour market, such legislation
providing for the application of all the employment protection laws and standards
applicable in the open labour market save where derogation from such laws and
standards is strictly necessary. Israel)
Article 23
Social [security Kenya, Lebanon] (support Kenya) (securities Lebanon) and
[an Kenya] adequate [standard of living Chile100 101 (quality of life Chile)
(The right to an adequate standard of living and social protection Jordan)
(Adequate standard of living and social security Costa Rica, EU, New Zealand)
1. [States Parties recognize (and ensure Yemen, Palestine) the right of all
persons with disabilities to (an adequate standard of living for themselves and their
__________________
100 Some members of the Working Group noted that the meaning of social security differed widely
from State to State, and that the scope of the right to an adequate standard of living was much
broader than social security. The Ad Hoc Committee may wish to consider this issue further.
101 Some members of the Working Group expressed concern about the capacity of States parties to
implement these provisions. The Ad Hoc Committee may wish to consider inclusion of the
concept of progressive realization in this right if it is not addressed in a paragraph with general
application elsewhere in the Convention.
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families and Costa Rica) (social protection, including Jamaica) (all types of
social securities Lebanon) [[social [security] Kenya] Lebanon] (support
Kenya), (and other assistance including functional technical aids Mexico) [including
Jamaica] [social [insurance Jordan] Uganda] Australia] (and social
[insurance Australia] (assistance Australia), including disability specific services
Australia) (and social assistance Jamaica, Uganda),102 (support Jordan) [and
to the enjoyment of [that Costa Rica] (these Costa Rica) [right Costa Rica]
(rights Costa Rica) without discrimination on the basis of (the kind of Israel)
disability China], (on an equal basis with others China) and [shall China]
(undertake to China) take [appropriate Australia] (and progressive China) steps
to [safeguard and promote China] (realize China) [the (progressive South
Africa, Australia) realization of China] [that Costa Rica] (these Costa Rica)
[right Costa Rica] (rights Costa Rica) right, including measures to Namibia]:
(States Parties recognize the right of all persons with disabilities to an adequate
standard of living for themselves and their families, including adequate food,
clothing, housing and access to clean water, and to the continuous improvement of
living conditions. As such, States Parties will undertake to take appropriate steps to
safeguard and promote the realization of these rights Namibia)
[[(a) [Ensure Japan, China] (Create conditions which would assure to all
persons with disabilities Japan) (Promote) [access Israel] (entitlement) by
persons with disabilities to necessary (support Costa Rica) services, (technical
aids, Costa Rica) devices (free of charge Yemen) and other assistance for
disability-related needs;103
[[(b) [Ensure Japan, China] (Create conditions which would assure to all
persons with disabilities Japan) (Promote China) [access Israel]
(entitlement) by persons with disabilities, [particularly women and girls with
disabilities and the [aged Philippines] (older persons Philippines) with
disabilities China] (and members of minority groups with disabilities Israel),
to social security programmes and [poverty-reduction Cuba] (poverty eradication
Cuba) strategies, and to take into account the needs and perspectives of persons
with disabilities in all such programmes and strategies; Canada, New Zealand]
[(c) [Ensure Japan, China] (Create conditions which would assure to all
persons with disabilities Japan) (Promote China) [access Israel]
(entitlement) (in particular Costa Rica) by persons with [[[severe104 and
Yemen, Argentina] multiple Philippines, Japan, Brazil, Kenya, Mexico, Canada,
Palestine, Cuba, Bahrain, Lebanon] disabilities, [and their families Japan]
Thailand],105 (who live in poor conditions Bahrain) (or caregivers Morocco,
__________________
102 The Ad Hoc Committee may wish to consider inclusion of the concept of social assistance.
103 Some members of the Working Group considered that this provision should be strengthened to
mention explicitly technical aids to mobility, transfer, auditory or visual perception and other
special devices that persons with disabilities require. The Ad Hoc Committee may wish to
consider whether this issue is adequately covered in draft article 20 on personal mobility.
104 Some members of the Working Group questioned the use of the word severe on the grounds
either that it was difficult to define or that it was prejudicial. The Ad Hoc Committee may wish
to consider whether to omit it.
105 There was a difference of view among Working Group members as to whether the provisions of
this subparagraph should be extended to the families of persons with disabilities, and as to how
family should be defined. The Ad Hoc Committee may wish to consider this further and with
general application to the Convention.
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Uganda) (to the extent of these persons disabilities Kenya) (irrespective of type,
gravity and complexity of disability Thailand) [living in situations of poverty
Kenya, Uganda] to (progressive Cameroon) assistance from the State to cover
disability-related expenses [(including adequate training, counselling, (social
assistance, including Mexico) financial assistance and respite care), which should
not become a disincentive to develop themselves Canada];106 (The assistance
should be reviewed periodically Jordan) (the severity of disability and the fact
that the person has more than one disability are legitimate factors in determining the
level of entitlement in accordance with this subparagraph Israel) EU] New
Zealand]
(d) [Ensure Japan] (Create conditions which would assure to all persons
with disabilities Japan) (equitable New Zealand) [[access Israel]
(entitlement) by persons with disabilities Costa Rica] to [governmental (and
private Philippines) housing programmes (with priority to be given for their
accommodation to such housing Chile), (and encourage private developers to
cater for persons with disabilities Uganda) [including through earmarking
percentages of governmental housing107 for persons with disabilities Japan, EU,
Canada, Liechtenstein, New Zealand, Australia]; Namibia, Costa Rica] (are
developed in accordance with universal design Costa Rica)
(a) (With regard to the right to adequate housing, States Parties undertake to
engage in no act or practice of discrimination on the grounds of disability in relation
to housing policies and programmes and to take all appropriate measures to ensure
that all public authorities, public institutions and private entities shall act in
conformity with this obligation;
(b) States Parties undertake to guarantee the full participation of disabled persons
in the elaboration and implementation of housing related legislation reflect their
needs;
(c) States Parties shall take all appropriate measures to ensure that persons with
disabilities can freely enjoy and exercise their right to housing and can participate
fully and equally within society. Steps to be taken by the States Parties should
ensure that housing for persons with disabilities:
i. Provides security of tenure and freedom from forced eviction.
ii. Provides for the physical safety of occupants and protection from threats
to health, structural hazards and disease vectors.
iii. Is affordable and does not compromise the ability of persons with
disabilities to secure other basic needs.
iv. Contains all facilities essential for health, security, comfort and nutrition.
__________________
106 The Ad Hoc Committee may wish to consider whether the provisions of this subparagraph
should apply to persons with disabilities generally.
107 The Ad Hoc Committee may wish to consider whether the phrase including through earmarking
percentages of governmental housing is appropriate in the draft Convention. Some members of
the Working Group expressed the view that it was too prescriptive and may limit the measures
that States parties could take to ensure access to governmental housing programmes. Some
members of the Working Group also considered that non-discriminatory access to privately
provided housing should also be specified.
A/AC.265/2004/5
v. Is located in appropriate proximity to support services, employment
options, health-care services and other social facilities.
(d) States Parties shall develop programmes to ensure that persons with disabilities
have access to affordable water, including for persons who require additional quantities
of water for personal and domestic needs and for those with difficulties in physically
accessing sanitation and water supply points and facilities Namibia)
[(e) [Ensure Japan] (Create conditions which would assure to all persons
with disabilities Japan) (equal Jordan) [access Israel] (entitlement) by
persons with disabilities to tax exemptions and tax benefits (and to other benefits to
which they are entitled in respect of the degree of their disability Cameroon) in
respect of (equipment and assistive devices for persons with disabilities Kenya)
their income;108 EU, Canada, New Zealand, Costa Rica]
(Provide assistance to persons with disabilities and their families to meet the extra
costs they each incur because of disability New Zealand)
(f) [(Promulgate legislation to Namibia) (Encourage to Japan) Ensure
that persons with disabilities are able to access life and health (and other types of
Lebanon) insurance (or other forms of support by the community Cameroon)
without discrimination on the basis of disability.109 (Whether the system is for
individual or capitalization saving, the cost for the person with disability should be
the same as that applied to all persons. Chile) (in public and private institutions
Namibia) (and in accordance with national law Australia) EU, Canada]
China] (Take appropriate measures to enable persons with disabilities to have access
to life and health insurance based on objective criteria EU)
(Promote access by persons with disabilities, living in situations of poverty, to
assistance from the State, in areas such as housing programmes, taxation, life and
health insurance and respite care China)
((g) eliminate discrimination on the basis of disability from social security
and social assistance provided to the population generally, and from the
administration of disability specific services for people with disabilities.
Australia)
[2. [States Parties recognize the right of all persons with disabilities to an
adequate [standard of (food, clothing, and housing Viet Nam) [living Viet
Nam] Chile] (quality of life Chile) for themselves and their families,
[including (but not limited to Philippines) adequate food, (education
Philippines) housing [and access to clean water,110 China, EU] Viet Nam] (on
an equal basis with others Japan) (access to basic services Mexico) and to the
continuous improvement of living conditions, and will [undertake China]
(take China) appropriate steps to [safeguard and promote] (ensure China) the
__________________
108 Some members of the Working Group expressed the view that this subparagraph was too
prescriptive.
109 The Ad Hoc Committee may wish to consider the extent to which States parties can determine
the provision of insurance, which in many countries is typically the domain of the private sector.
110 The Ad Hoc Committee may wish to consider the reference to clean water further. Some
members of the Working Group considered that it should be deleted on the grounds that it was
not a right guaranteed under the International Covenant on Economic, Social and Cultural
Rights. Other members considered that the reference was critical to the treatment and prevention
of disabilities, and should be strengthened to include basic services.
A/AC.265/2004/5
(progressive South Africa) realization of this right. Chile] (, recognizing to
this effect the essential importance of international cooperation based on free
consent China) (without discrimination on the basis of disability EU) (States
Parties recognize the right of all persons with disabilities to an adequate quality of
life for themselves and their families, including food, clothing, appropriate housing,
access to potable water and basic sanitary services, and the continuous improvement
of their living conditions, and will adopt measures to protect and promote the
achievement of this right. Chile) Costa Rica]
((a) ensure equitable access by persons with disabilities to government
regional development programmes and poverty elimination strategies, including
international aid programmes New Zealand)
(Promote the allocation of a certain percentage of the government budget to ensure
an adequate standard of living for persons with disabilities Philippines)
Article 24
Participation in cultural life, (religion Kenya, Holy See, Uganda, Namibia,
Philippines) recreation, leisure (physical culture Mexico) and sport111
1. [States Parties recognize the right of all persons with disabilities to take part in
cultural life, (creating them the facilities for the enjoyment of Chile) New
Zealand] [and (States parties shall respect and promote the right to all persons with
disabilities to engage in cultural, artistic, recreational and leisure activity. In order to
promote and protect the realization of this right States Parties New Zealand) shall
take all appropriate (and progressive China) measures to ensure (including by
way of legislation to the maximum extent that is reasonable Israel) that persons
with disabilities EU] (and shall promote appropriate measures for persons with
disabilities to EU, Canada):
(a) Have the opportunity to develop and utilize (and express Mexico)
their creative, artistic and intellectual (and physical New Zealand, Israel)
potential, [not only for their own benefit, but also for the enrichment of their
community Israel] (for both their own benefit and the benefit of their
communities and the society as a whole Israel);
(b) [Enjoy access (at the least cost Morocco) [to (literature and other
cultural materials in all accessible formats, including (inter alia Colombia) in
electronic text, sign language and Braille, and in audio and (free Yemen)
multimedia formats New Zealand] (on an equal basis to all cultural materials and
activities New Zealand) Jordan] (Enjoy equitable access to and participation
in cultural and sports material, activities, services and facilities Jordan);
[[(c) [Enjoy access to (international and regional Yemen) television
programmes, films, theatre and other cultural activities, in all accessible formats,
including captioning and sign language New Zealand] (Have the opportunity to
participate in all cultural, artistic and sporting activities of their choice at local,
regional, national and international levels New Zealand); EU
(d) [Enjoy access to places for cultural performances or services, such as
theatres, museums, cinemas, libraries (concert and other musical performances
__________________
111 The Ad Hoc Committee may wish to consider whether and how the concept of accessibility
could be expanded under this draft article.
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Israel) and the [hospitality Mexico] (hotel Mexico) industry (and enjoy such
performances Costa Rica) (and services Mexico, Costa Rica), and, [as far as
Israel] (to the maximum extent Israel) possible, enjoy access to (exhibits,
Uganda) monuments and sites of national cultural importance (granting those
facilities which allow the enjoyment of these artistic expressions. Chile) New
Zealand]. Jordan]
(Receive on an equal basis to other people instruction, training and resources for the
pursuit of all cultural, artistic and sporting activities New Zealand)
2. States Parties shall take all appropriate steps to ensure that laws protecting
intellectual property rights do not constitute [an unreasonable Canada] or
discriminatory Thailand, Guatemala] (any Thailand) barrier to access by
persons with disabilities to cultural materials, [while (in accordance with
international agreements Japan) respecting the provisions of international law
Thailand].
[3. [Persons [who are deaf Israel] (and the deafblind Uganda) (with
disabilities of all kinds Israel) shall be entitled, on an equal basis with others, to
recognition and support of Costa Rica] (States Parties recognize that deaf persons
living under their jurisdiction are entitled to Costa Rica) their (own Costa
Rica) specific cultural and linguistic identity.112 EU, Japan] (and shall take all
appropriate measures to support this right Costa Rica).
(3. bis States Parties recognize the fundamental right of persons with disabilities to
practise a religion of their choice and shall take all appropriate measures to ensure
that persons with disabilities:
a. Enjoy the opportunity to develop their spirituality and practise their faith;
b. Have access to houses of worship, shrines and sites of religious importance;
c. Can belong to a community of believers and participate fully in the life
of the congregation and in the rites, ceremonies and sacraments that are
part of worship;
d. Have access to appropriate religious education and receive instruction in
the format that best suits their needs;
e. Will be protected from religious abuse, exploitation and coercion.
Kenya, Uganda)
[4. [States Parties recognize the right of persons with disabilities, [on an [equal
South Africa] (equitable South Africa) basis with others,113 Mexico, Guatemala]
(in conditions of equity with other persons Mexico) to participate in [recreational
Yemen], leisure and sporting activities (including tourism Costa Rica) and shall
__________________
112 The Ad Hoc Committee may wish to consider whether this provision would be more
appropriately placed under another draft article.
113 Some members of the Working Group considered that the phrase on an equal basis with others
should be deleted from this paragraph, and that subparagraphs (b), (c) and (d) should instead
include an obligation on States parties to remove discriminatory barriers, both environmental
and societal, to the enjoyment of these rights. Other members expressed the view that on an
equal basis with others should be retained, because sporting, recreational and leisure
organizations and facilities were often within the private sector. The Ad Hoc Committee may
wish to consider this issue further.
A/AC.265/2004/5
take appropriate measures to EU] (do all of the following, to the maximum extent
that is reasonable Israel) (With a view to enabling persons with disabilities to
participate on an equal basis as others in recreational, leisure (activities, physical
culture and sports Mexico) and [sporting activities Mexico] (to promote a healthy
lifestyle South Africa), States Parties shall take appropriate measures to EU):
(a) [Encourage South Africa, Namibia] (Ensure South Africa,
Namibia) and promote the (full South Africa) participation, [to the fullest extent
possible South Africa], of persons with disabilities in [mainstream China,
Costa Rica, Namibia] (integrated Namibia) [sporting activities Mexico]
(physical culture and sports Mexico) at (club, South Africa) (local,
Namibia) regional, national and international levels (, and promote sporting
activities tailored to the needs of persons with disabilities as well as disabilityspecific
sports Republic of Korea);114
(b) Ensure that persons with disabilities have an opportunity to organize and
participate in sporting (recreational and leisure South Africa) activities and [to
receive [the same Mexico, South Africa, Costa Rica, Uganda, Namibia] (the
necessary Uganda, Namibia) (the appropriate Costa Rica) instruction, training and
(equitable South Africa) resources in support [that is available to other participants
Mexico, Costa Rica] (in conditions of equity with other participants Mexico)
EU] (encourage the provision of appropriate instruction, training and support EU);
[(c) Ensure that (all Mexico) persons with disabilities have access to
[sporting and recreational venues, [and that [children Chile] (pupils Chile)
with disabilities have equal access to participating in sporting activities with the
education system Mexico, Costa Rica] (to qualified and specialized children
Bahrain) (to participate in sporting activities in conditions of equity within the
education system, including children with disabilities Mexico); (the physical
environment for practising sporting and recreational activities, including facilities
and venues for such practices Costa Rica).
((c bis) Ensure that persons with disabilities have access and can enjoy
touristic attractions.
(c tris) Ensure that children with disabilities have equal access to participating
in sporting and recreational activities, including those in the educational system
Costa Rica)
[(d) Ensure that persons with disabilities have (equal South Africa) access
to services from those involved in the organization of recreational, (and Mexico)
leisure (tourism Israel) [and sporting Mexico] (physical culture and sports
Mexico) activities. EU] New Zealand, Jordan, Costa Rica]
((d bis) Ensure equitable access to government and private funding for persons
with disabilities to facilitate full participation in sporting, recreational and leisure
activities and organization.
__________________
114 Some members of the Working Group emphasized the importance of mainstreaming sporting
activities for persons with disabilities. Others indicated that this obligation would need to be
balanced with the promotion of separate sporting activities and organizations tailored to the
needs and abilities of persons with disabilities, as well as disability specific sports that might
not be included in mainstream sporting events. The Ad Hoc Committee may wish to consider
how best to incorporate these views.
A/AC.265/2004/5
Encourage all public media to provide appropriate and equitable coverage of the
achievement of persons with disabilities in sports, recreational and leisure activities,
as well as the availability of such activities to all persons with disabilities South
Africa)
((e) Ensure that persons with disabilities subject to multiple forms of
discrimination, such as women and refugees have access to sports, recreation and
leisure activities Namibia)
((e) Promote the development, import and/or exchange of sporting equipment
taking into account the different types of disabilities and the different sports
Colombia)
(Develop the sportive potential of persons with disabilities, promoting sports,
massive, competitive, of high performance and age-ranged along all the groups and
places of each national territory.
Promote training in educators and trainers which carry out sports and recreation
programmes, for the adequate inclusion and attention of persons with disabilities in
those programmes. Chile)
(5. States Parties shall take all appropriate steps to remove discriminatory societal
barriers to the enjoyment of all the rights in this article Uganda)
(Article 24 bis
International cooperation Mexico)
State Parties shall engage in international cooperation as an essential element
for the implementation of this convention in a spirit of solidarity, in particular for
the full and equal enjoyment of all human rights and the dignity of persons with
disabilities. State Parties at all levels of government should encourage and support
the exchange of knowledge, experience and international cooperation with
international and regional organizations, specialized agencies, organizations of
persons with disabilities, non-governmental organizations, national human rights
institutions, as well as other national institutions, private sector, financial
institutions and other stakeholders.
1. International cooperation among States shall include, but not be limited to:
(a) Contribute to international and regional programmes and related
activities aimed at raising awareness about the rights of persons with disabilities and
combating stereotypes;
(b) Sharing information concerning best practices on measures, legislation,
national policies and programmes to implement the present convention;
(c) [Adopting measures in favour of persons with disabilities in Thailand]
(Ensuring that Thailand) existing and future international cooperation activities,
agreements and programmes (are inclusive to persons with disabilities and their
needs Thailand);
(d) Encouraging programmes of exchange concerning information, technical
assistance, communications and assistive [devices Thailand] (technologies
Thailand) or equipment;
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(e) Taking measures, including financial and technical assistance, aimed at
enhancing with a multidisciplinary approach the capacities of States to effectively
implement this Convention.
((f) Conclude agreements for the issue of regional or international disabled
persons cards for the purpose of various entitlements Israel)
2. International cooperation with respect to international and regional
organizations shall include:
(a) The United Nations and its specialized agencies shall take steps to ensure
the effective integration of a disability perspective in their work and to periodically
assess the impact of their programmes and activities on the full and equal enjoyment
of all the human rights and dignity of persons with disabilities and to adjust them
where required;
(b) Increasing advisory services and technical cooperation;
(c) Promoting meetings, courses, seminars and workshops and other related
activities for the study of matters and problems related to the full and equal
enjoyment of all human rights and the dignity of persons with disabilities;
(d) Inviting international and regional finance and development institutions
to similarly adopt a disability perspective into their work and to assess and
periodically adjust their policies and programmes;
(e) Fostering bilateral, regional and international financial arrangements to
promote the full and equal enjoyment of all human rights and the dignity of persons
with disabilities; (including the establishment of bilateral, regional and international
research and development funds Israel)
3. International cooperation with respect to civil society and the private sector
shall include:
(a) Promoting the sharing of knowledge and experiences between nongovernmental
organizations and organizations of persons with disabilities within and
between regions, particularly through meetings, courses, seminars and workshops
and other related activities; (including partnerships and cooperation agreements
between local and municipal authorities in different States Israel)
(b) Contribute to public awareness raising about the rights of persons with
disabilities and combating stereotypes;
(c) Supporting capacity-building within civil society to engage more
effectively and constructively with States Parties and with the relevant international
and regional machinery, through, for example, training and technical cooperation.
(d) Develop joint projects with the private sector and civil society to
contribute to ensure the early participation of persons with disabilities into
productive life;
(e) Adopting measures including incentive measures to harness the positive
potential of private sector as key agents for change;
(4. States Parties shall undertake all appropriate legislative, administrative, and
other measures for the implementation of the rights recognized in the present
convention. With regard to economic, social and cultural rights, States Parties shall
A/AC.265/2004/5
undertake such measures to the maximum extent of their available resources and,
where needed, within the framework of international cooperation Argentina)
Chinas proposal on International Cooperation
States Parties recognize that international cooperation is conducive to the
implementation of this Convention and undertake to take appropriate measures in
coordination with each other as well as with international and regional
organizations, in particular:
(a) exchange and sharing of information especially that concerning progress
and challenges in implementing this Convention;
(b) mainstream disability issues into cooperation programme framework;
(c) encourage the provision of technical and economic assistance to
developing countries, including technology transfer, to enhance the capacities to
effectively implement the Convention.
Viet Nams proposal on International Cooperation
States parties shall promote direct cooperation with international
organizations, including bilateral, multi-bilateral organizations, and nongovernmental
organizations to strengthen capacity for the implementation of this
convention. Fundamental issues are as follows:
(a) Development of national legislation, policies, programmes and projects
related to the rights of persons with disabilities;
(b) Increasing public awareness on disability and the rights of persons with
disabilities;
(c) Promoting research and application of assistive technologies for persons
with disabilities and their organizations;
(d) Conducting training courses, workshops and research for the
implementation of this convention;
(e) Strengthening capacity training provided for persons with disabilities for
their enjoyment of the rights under this convention
Article 25
Monitoring115
National implementation framework116
1. States Parties shall designate a focal point within government for matters
relating to the implementation of the present Convention, and give due consideration
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115 The Working Group did not have time to consider the issue of international monitoring of the
draft Convention. Some members of the Working Group indicated, however, that international
monitoring was an issue of considerable importance to them. Other members, however, had
reservations in this respect.
116 The Working Group did not discuss in detail the wording of the draft provisions. It noted that
the Ad Hoc Committee might wish to discuss the issue further and take into account the ongoing
review of the work of the existing United Nations human rights treaty monitoring bodies.
A/AC.265/2004/5
to the establishment or designation of a coordination mechanism to facilitate related
action in different sectors and at different levels.
2. States Parties shall, in accordance with their legal and administrative system,
maintain, strengthen, designate or establish at the national level a framework117 to
promote, protect and monitor implementation of the rights recognized in the present
Convention.
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117 The Working Group did not reach agreement on a number of issues relating to the role of
national human rights institutions in the process of promoting, protecting and monitoring the
implementation of the Convention, but some members considered that they might perform, inter
alia, the following functions: promoting awareness of the provisions of the Convention to
persons with disabilities and to the general population; monitoring national legislation, policies
and programmes to ensure consistency with the Convention; undertaking or facilitating research
on the impact of the Convention or of national legislation; developing a system for assessing
that impact on persons with disabilities; and hearing complaints about failure to observe the
Convention.