UN Human Rights Treaties

UNITED
NATIONS
E
Economic and Social
Council
Distr.
LIMITED
E/CN.4/2004/L.76
15 April 2004
Original: ENGLISH
COMMISSION ON HUMAN RIGHTS
Sixtieth session
Agenda item 14 (d)
SPECIFIC GROUPS AND INDIVIDUALS:
OTHER VULNERABLE GROUPS AND INDIVIDUALS
Albania*, Algeria*, Angola*, Argentina, Australia, Austria, Bangladesh*, Belarus*,
Belgium*, Bolivia*, Bosnia and Herzegovina*, Brazil, Bulgaria*, Burkina Faso,
Cameroon*, Canada*, Chile, Colombia*, Costa Rica, Croatia, Cyprus*,
Czech Republic*, Denmark*, Dominican Republic, Eritrea, Ethiopia, Finland*,
France, Germany, Greece*, Guatemala, Hungary, Iceland*, Ireland, Italy, Japan,
Liechtenstein*, Lithuania*, Luxembourg*, Mexico, Morocco*, Mozambique*,
New Zealand*, Norway*, Panama*, Paraguay, Peru, Poland*, Romania*,
San Marino*, Sierra Leone, Slovenia*, South Africa, Spain*, Swaziland, Sweden,
Switzerland*, Thailand*, Tunisia*, Turkey*, United Kingdom of Great Britain
and Northern Ireland, Uruguay*, Venezuela*: draft resolution
2004/… Human rights of persons with disabilities
The Commission on Human Rights,
Recalling that all persons with disabilities have the right to protection against
discrimination and to full and equal enjoyment of all human rights, as laid down, inter alia, in the
provisions of the Universal Declaration of Human Rights, the International Covenant on
* In accordance with rule 69, paragraph 3, of the rules of procedure of the functional
commissions of the Economic and Social Council.
GE.04-13144 (E) 160404

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Economic, Social and Cultural Rights, the International Covenant on Civil and Political Rights,
the Convention on the Rights of the Child, the Convention on the Elimination of All Forms of
Discrimination against Women and the 1983 Convention concerning vocational rehabilitation
and employment (disabled persons) (No. 159) of the International Labour Organization,
Recalling and reaffirming commitments relating to the human rights and fundamental
freedoms of persons with disabilities made at the major United Nations conferences and summits
since 1990 and their follow-up processes and stressing the importance of mainstreaming the
disability issue in their implementation,
Reaffirming its resolution 2003/49 of 23 April 2003 on human rights of persons with
disabilities,
Recalling General Assembly resolutions 48/96 of 20 December 1993, by which it
adopted the Standard Rules on the Equalization of Opportunities for Persons with Disabilities,
and 58/132 of 23 December 2003 on the implementation of the World Programme of Action
concerning Disabled Persons,
Recalling also General Assembly resolution 56/168 of 19 December 2001, in which the
Assembly established an Ad Hoc Committee on a Comprehensive and Integral International
Convention on Protection and Promotion of the Rights and Dignity of Persons with Disabilities,
Recalling further General Assembly resolution 58/246, of 23 December 2003, in which
the Assembly decided that the Ad Hoc Committee will start the negotiations on a draft
convention at its third session,
Taking note of the resolutions adopted by the Commission for Social Development on
13 February 2004 on a comprehensive and integral international convention to promote and
protect the rights and dignity of persons with disabilities, and on the further promotion and
equalization of opportunities by, for and with persons with disabilities and protection of the
human rights of persons with disabilities,

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Reaffirming the universality, indivisibility and interdependence of all human rights and
fundamental freedoms and the need for persons with disabilities to be guaranteed their full
enjoyment without discrimination, and convinced of the contribution that a convention can make
in this regard,
Welcoming the contributions made thus far by all stakeholders to the process of
elaborating an international convention,
Recognizing the considerable contribution of civil society, including non-governmental
organizations, especially organizations of persons with disabilities, as well as national human
rights institutions, in promoting the full and equal enjoyment of all human rights by persons with
disabilities, and welcoming in this regard their active participation in the work of the Ad Hoc
Committee,
Recalling the study on human rights and disability presented at the fifty-eighth session of
the Commission on Human Rights,
Concerned that persons with disabilities face discrimination and may be affected by
multiple discrimination,
Emphasizing the need to include a gender perspective in all efforts to promote and protect
the full and equal enjoyment of all human rights by persons with disabilities,
Expressing grave concern that situations of armed conflict have especially devastating
consequences for the human rights of persons with disabilities,
Concerned at the extent of disabilities caused by the indiscriminate use of anti-personnel
mines and other weapons which may be deemed to be excessively injurious or to have
indiscriminate effects, and at the long-lasting impact of these weapons which prevent the full and
effective enjoyment of human rights, particularly among civilian populations, and welcoming
increased international efforts to address this issue,
Reaffirming its commitment to ensuring that the human rights of persons with disabilities
and their concerns for full participation in all aspects of society continue to be addressed in all of
its work,

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1. Urges Governments to take active measures to:
(a) Ensure the full and equal enjoyment by persons with disabilities of all human
rights and fundamental freedoms;
(b) Prevent and prohibit all forms of discrimination against persons with disabilities;
and
(c) Ensure equal opportunities for their full participation in all spheres of life;
2. Welcomes the report of the Ad Hoc Committee on a Comprehensive and Integral
International Convention on the Protection and Promotion of the Rights and Dignity of Persons
with Disabilities (A/58/118 and Corr.1);
3. Takes note with appreciation of the 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 (E/CN.4/2004/74) and
requests the Secretary-General to make it available to the Ad Hoc Committee;
4. Calls upon the Office of the High Commissioner for Human Rights to continue to
consider in its activities implementing the recommendations that relate to it in the study on
human rights and disability, as well as to continue to strengthen collaboration with other
United Nations agencies and bodies;
5. Calls upon the Office of the High Commissioner to report to the Commission on
Human Rights at its sixty-first session on progress in the implementation of the
recommendations contained in the study on human rights and disability presented at the
fifty-eighth session of the Commission and on the achievement of the objectives set forth in the
programme of work of the Office in relation to the human rights of persons with disabilities;
6. Welcomes the contributions and support of the Office of the High Commissioner
to the work of the Ad Hoc Committee, and requests the Office to continue to do so in close
collaboration with the Department of Economic and Social Affairs of the United Nations and
also with other relevant bodies and agencies of the United Nations through, inter alia, the
provision of information to assist in the formulation of a draft convention;

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7. Also welcomes the work accomplished by the Working Group established by the
Ad Hoc Committee in preparing a draft text which will be the basis for negotiations on a draft
convention in the Ad Hoc Committee, taking into account all contributions;
8. Encourages Member States and observers to participate actively in the Ad Hoc
Committee in order to present to the General Assembly, as a matter of priority, a draft text of a
convention;
9. Reaffirms its commitment to continue to contribute to the process of elaboration
of an international convention by, inter alia, providing its recommendations on the full and
effective enjoyment of all human rights of persons with disabilities;
10. Urges that further efforts be made to ensure the active participation of
non-governmental organizations in the Ad Hoc Committee, in accordance with
General Assembly resolution 56/510 of 23 July 2002 and based on the decision of the Ad Hoc
Committee on the modalities for the participation of non-governmental organizations in its work;
11. Urges Member States, observers, civil society and the private sector to continue
to contribute to the voluntary fund established by the General Assembly in resolution 57/229, to
support the participation of non-governmental organizations and experts from developing
countries, in particular from the least developed countries, in the work of the Ad Hoc
Committee;
12. Invites all special rapporteurs, in carrying out their mandates, to take into account
the full and equal enjoyment of all human rights by persons with disabilities;
13. Underlines the importance of the Standard Rules on the Equalization of
Opportunities for Persons with Disabilities for the promotion and protection of the full and equal
enjoyment of all human rights by persons with disabilities and invites the Special Rapporteur on
disability of the Commission for Social Development to address the Commission on Human
Rights at its sixty-first session on his/her experience in disability and human rights related issues,

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drawing from the experience gained by him/her and the panel of experts through monitoring the
Standard Rules, and looks forward to a continued involvement of the Special Rapporteur in
issues relating to disability within the Commission on Human Rights in order to mainstream a
disability perspective;
14. Invites human rights treaty monitoring bodies to take into account the concerns of
persons with disabilities in their lists of issues and concluding observations, to consider drafting
general comments and recommendations on the full enjoyment of human rights by persons with
disabilities and to integrate a disability perspective into their monitoring activities;
15. Urges Governments to address fully the question of the human rights of persons
with disabilities in complying with their reporting obligations under the relevant United Nations
human rights instruments and welcomes the efforts of those Governments that have begun to do
so;
16. Invites national human rights institutions and non-governmental organizations to
strengthen their work on human rights and disability, including by participating actively in the
work of the Ad Hoc Committee in elaborating a draft convention, and to enhance their level of
contributions to the work of the treaty monitoring bodies;
17. Calls upon all United Nations organizations and specialized agencies and all
intergovernmental institutions for development cooperation to integrate a disability and human
rights perspective into their activities, including by addressing the problems that exist in creating
equal opportunities for persons with disabilities at all levels, and to reflect this in their activity
reports;
18. Requests the Secretary-General to include in relevant reports to the
General Assembly information on the progress of efforts to ensure the full recognition of and the
full and equal enjoyment of all human rights by persons with disabilities;
19. Decides to continue its consideration of this question at its sixty-first session
under the same agenda item.
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