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A/AC.265/2003/WP.1

Letter dated 2003/06/18 from the Deputy Representative of Venezuela to the United Nations on a Comprehensive and Integral International Convention on the Protection and Promotion of the Rights and Dignity of Persons with Disabilities

UN Document Symbol A/AC.265/2003/WP.1
Convention Convention on the Rights of Persons with Disabilities
Document Type Letter
Session 2nd
Type Document
Description

16 p.

Subjects Persons with Disabilities, Disability, Education, Employment, Health, Social Integration, Civil and Political Rights

Extracted Text

A/AC.265/2003/WP.1
18 June 2003
English
Original: Spanish
03-40061 (E)
*0340061*
Ad Hoc Committee on a Comprehensive and Integral
International Convention on the Protection and
Promotion of the Rights and Dignity of Persons
with Disabilities
Second session
New York, 16-27 June 2003
Letter dated 18 June 2003 from the Deputy Permanent
Representative of Venezuela to the United Nations addressed to
the Secretary 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
I have the honour to transmit herewith the draft Comprehensive and Integral
International Convention on the Protection and Promotion of the Rights and Dignity
of Persons with Disabilities, which the Government of the Bolivarian Republic of
Venezuela has prepared as a contribution to the work of the Ad Hoc Committee on a
Comprehensive and Integral International Convention on the Protection and
Promotion of the Rights and Dignity of Persons with Disabilities (see annex).
I should be grateful if you would have this letter and its annex distributed as a
document of the second session of the Ad Hoc Committee.
(Signed) Adriana Pulido Santana
Ambassador
Chargé d’affaires a.i.

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Annex to the letter dated 18 June 2003 from the Deputy
Permanent Representative of Venezuela to the United Nations
addressed to the Secretary 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
Comprehensive and Integral International Convention on the
Protection and Promotion of the Rights and Dignity of Persons
with Disabilities
Draft submitted by the Government of the Bolivarian Republic of
Venezuela
Preamble
The States parties to this Convention,
(a) Considering that the Charter of the United Nations reaffirms the worth of
the person and is based on the principles of dignity and equality inherent in human
beings,
(b) Considering that the Universal Declaration of Human Rights proclaims
that all human beings are born free and equal in dignity and rights and that everyone
is entitled to all the rights and freedoms set forth therein,
(c) Considering that all human beings have the right to protection against all
forms of discrimination based on status, race, age, sex or disability,
(d) Considering that the States parties to the International Covenants on
human rights have the obligation to guarantee to all persons, without distinction or
discrimination, equity in the enjoyment of all civil, political, economic, social and
cultural rights,
(e) Recognizing the actions taken and guidelines issued by the various
bodies of the United Nations and by the General Assembly aimed at promoting and
protecting the quality of life of persons with disability, as set forth in the resolutions,
declarations, regulations and recommendations adopted in order to promote the
exercise of their rights and promote equality of opportunity,
(f) Bearing in mind the International Labour Organization Vocational
Rehabilitation and Employment (Disabled Persons) Convention (No. 159); the
Declaration on the Rights of Mentally Retarded Persons (General Assembly
resolution 2856 (XXVI) of 20 December 1971); the Declaration on the Rights of
Disabled Persons (General Assembly resolution 3447 (XXX) of 9 December 1975);
the World Programme of Action concerning Disabled Persons (General Assembly
resolution 37/52 of 3 December 1982); the Additional Protocol to the American
Convention on Human Rights in the Area of Economic, Social and Cultural Rights,
“Protocol of San Salvador” (1988); the Principles for the Protection of Persons with
Mental Illness and for the Improvement of Mental Health Care (General Assembly
resolution 46/119 of 17 December 1991); the Caracas Declaration of the Pan-
American Health Organization; the Organization of American States (OAS)

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resolution on the situation of persons with disabilities in the American Hemisphere
(AG/RES.1249 (XXIII-0/93)); General Assembly resolution 48/97 of 20 December
1993 on the International Day of Disabled Persons; the Standard Rules on the
Equalization of Opportunities for Persons with Disabilities (General Assembly
resolution 48/96 of 20 December 1993); the Managua Declaration of December
1993; the Vienna Declaration and Programme of Action adopted by the World
Conference on Human Rights (A/CONF.157/23); the Copenhagen Declaration and
Programme of Action of the World Summit for Social Development, adopted in
March 1995; the OAS resolution on the situation of persons with disabilities in the
American hemisphere (AG/RES.1356 (XXV-0/95)); the Panama Commitment to
Persons with Disabilities in the American Hemisphere (AG/RES.1369/XXVI-0/96);
the Inter-American Convention on the Elimination of All Forms of Discrimination
against Persons with Disabilities (Convention No. A-65 of 1999); the Declaration on
the Human Rights of Persons with Disabilities, adopted by the General Assembly of
the United Nations on 2 August 2001; Commission on Human Rights resolution
2002/61 on the human rights of persons with disabilities; and General Assembly
resolution 56/115 of 19 December 2001 on the implementation of the World
Programme of Action concerning Disabled Persons: towards a society for all in the
twenty-first century,
(g) Recognizing the progress made through the adoption of the World
Programme of Action for Disabled Persons and the proclamation of the United
Nations Decade for Persons with Disabilities, 1983-1992,
(h) Considering the recommendations of the Committee on Economic, Social
and Cultural Rights and the Human Rights Committee on the elimination of
discrimination against persons with disabilities,
(i) Concerned, however, at the fact that despite these efforts, persons with
disabilities continue to be subject to segregation and serious discrimination,
(j) Recalling that discrimination against anyone on the basis of any
structural or functional absence or impairment or any temporary or permanent
limitation, restriction, obstruction or dysfunction in respect of human beings’
relationship to their environment constitutes a violation of the principles of equal
rights and respect for human dignity and impedes the participation of persons with
disabilities under conditions of equality in social, economic, political and cultural
life,
(k) Recognizing that in order to ensure equality of opportunity for persons
with disabilities, societies must act to guarantee their access to the physical,
economic, social and cultural environment,
(l) Emphasizing that in order to achieve equality of opportunity for persons
with disabilities, the exercise of all political, civil, economic, social and cultural
rights established in the International Covenants and in other human rights
instruments must be guaranteed,
(m) Bearing in mind that in order to guarantee the exercise by persons with
disabilities of all the rights enshrined in the International Covenants and in other
human rights instruments, all obstacles to their full participation under conditions of
equality in all spheres of social, economic, cultural and political life must be
removed and their full participation in normal education, sports and employment
must be achieved,

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(n) Concerned at the fact that extreme poverty, marginalization, social
exclusion, war and underdevelopment contribute to the existence of high disability
rates, since the great majority of persons with disabilities live in developing
countries,
(o) Bearing in mind that, in many cases, disability can be prevented by
creating conditions of equity and thus by increasing the level of development and
quality of life of the world’s people,
(p) Recognizing that the strengthening of international peace and security
and the prevention of conflict help reduce the high rates of disability in the world;
Have agreed as follows:
Article 1
Object
The object of this Convention is to:
Promote, protect and ensure the exercise and full enjoyment of all the rights of
persons with disabilities;
Eliminate all forms of discrimination against persons with disabilities in the
political, civil, economic, social and cultural spheres;
Ensure full participation of persons with disabilities in economic and social
life, under conditions of equality of treatment and of opportunity; and
Promote international cooperation in achieving the objectives of this
Convention.
Article 2
Definitions
For the purposes of this Convention:
“Persons with disabilities” means persons with any form of physical,
intellectual or sensory absence or impairment, whether structural, functional or both,
which constitutes a permanent or temporary limitation, restriction, obstruction or
dysfunction in respect of human beings’ relationship to their environment that may
be caused or aggravated by the economic and social environment.
“Discrimination against persons with disabilities” means any distinction,
exclusion or restriction on social participation, based on a disability which has the
effect of impairing or nullifying the recognition, enjoyment or exercise by a person
with a disability of his or her human rights and fundamental freedoms in the
political, economic, social, cultural, employment, educational, sports or any other
sphere of public life.
“Impairment” means any physical, intellectual or sensory anomaly, whether
structural, functional or both, which constitutes a permanent or temporary limitation,
restriction, obstruction or dysfunction in respect of human beings’ relationship to
their environment.
“Prevention” means the adoption of measures aimed at limiting or preventing
the occurrence of disabling illnesses or accidents and at preventing impairments,

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where these have occurred, from having adverse physical, psychological and social
consequences.
“Rehabilitation” means a process aimed at enabling persons with disabilities to
achieve and maintain their social integration and an optimal physical, sensory and
intellectual functional level consistent with their anatomical and physiological
capacities.
“Social integration” means the effective involvement and participation of
persons with disabilities in social development processes through various types of
organizations of themselves, their families and social groups. Employment;
inclusion in education, sports and cultural life; participation in social processes and
activities to improve the quality of life; health care; and environmental protection
are social integration activities.
Article 3
Purposes
In order to achieve the objectives of this Convention, the States parties
undertake to:
1. Take all necessary measures, including legislation, to eliminate all forms of
discrimination against persons with disabilities and to promote and protect their
rights and dignity by, inter alia:
– Incorporating the legal equality of persons with disabilities in their national
legislation;
– Amending or repealing laws, regulations, customs and practices which
constitute forms of discrimination against persons with disabilities, and
enacting legislation to prohibit and punish them;
– Developing appropriate legislation, adapted to modern society, to protect the
rights and dignity of persons with disabilities;
– Enacting regulations to guarantee compensation for harm to persons with
disabilities who have been subject to discrimination.
2. Adopt specific measures necessary for the full participation of persons with
disabilities in all activities of social and economic life.
3. Incorporate into national censuses information, disaggregated by age, sex and
specific type of disability, on the living conditions of persons with disabilities,
including detailed information on their access to public services, rehabilitation
programmes, education and employment.
4. Guarantee the participation of organizations of persons with disabilities and
their families in the development and evaluation of measures and policies for
ensuring the implementation of this Convention.
Article 4
Equality of opportunity
Adoption by States parties of positive or compensatory legislation or public
policies which establish differential treatment aimed at promoting de facto equality
of opportunity for persons with disabilities shall not be considered discrimination.

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These special measures shall be discontinued when the objectives of equality of
opportunity and treatment and the other objectives for which they were developed
have been achieved.
Article 5
Special situations of vulnerability
States parties undertake to adopt the specific measures necessary in all areas
covered by this Convention in order to promote and protect the rights and dignity of
persons with disabilities, especially those who are in special situations of
vulnerability by reason of their sex, age, race, ethnic origin or other status.
Article 6
Access to the physical environment, housing and transport
The States parties to this Convention undertake to promote, regulate and
update their domestic legislation in order to ensure that:
– Urban outfitting and public facilities and services have the adaptations
necessary to facilitate access and use by and movement of persons with
disabilities;
– Vehicles and public transport services allow access by and movement of
persons with disabilities;
– Signs and basic forms of communication for freedom of movement and access
to all services are installed;
– Construction and adaptation of housing comply with regulations governing
accessibility for persons with disabilities;
– Specific percentages of affordable housing for persons with disabilities and
their families and facilities for payment are mandated under government
programmes in this area;
– Participation of organizations of persons with disabilities in the regulation of
such measures is ensured.
Article 7
Promotion of changes in attitude
States parties shall promote the modification of stereotypes, social and cultural
patterns, customary practices and any other type of practices which lead to
segregation or discrimination or which prevent persons with disabilities from
exercising their rights. To this end, States parties shall:
– Adopt measures to raise society’s awareness of the rights and needs of persons
with disabilities, including the creation of awareness-raising programmes at all
levels of mainstream education;
– Encourage the media to project a positive, non-stereotypical image of persons
with disabilities and their families;
– Develop media campaigns to inform the persons concerned and the general
public of existing programmes aimed at improving opportunities for persons
with disabilities;

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– Guarantee the participation of organizations of persons with disabilities in the
implementation of these measures.
Article 8
Access to information
States parties undertake to ensure that persons with disabilities and their
families have access to full information on their rights and available services and
programmes. To this end, they shall adopt, among others, the following measures:
– Develop strategies to make information services and documentation accessible
for different groups of persons with disabilities, using appropriate technologies
for each type of disability;
– Encourage the mass media, especially television, to make their services
accessible to persons with disabilities;
– Ensure that government programmes offered to the general public consistently
use simultaneous interpreters for persons with auditory impairments and
language difficulties;
– Promote access to the use and operation of new technologies for persons with
disabilities.
Article 9
Promotion of prevention
States parties shall take measures to prevent and reduce the incidence of
disability. They undertake to:
– Adopt the programmes and actions necessary to eliminate the factors which
give rise to or aggravate disabilities, such as poverty, unemployment, physical
violence within and outside the home, early pregnancy, lack of medical
monitoring and nutritional support during pregnancy, deficiencies in healthcare
and rehabilitation services, lack of services for older persons, accidents,
drug and alcohol abuse, unsuitable medical practices and the existence of antipersonnel
landmines;
– Provide information and services in order to detect and reduce early symptoms
of disability in a timely manner.
Article 10
Health-care and rehabilitation services
States parties recognize that persons with disabilities have the right to receive
the quality medical and comprehensive rehabilitation services that they require. To
this end, they shall adopt appropriate measures to:
– Improve, adapt and modernize the provision of rehabilitation services so that
they are sufficient to provide all persons with disabilities with health-care and
rehabilitation services for each type of disability;
– Ensure that all medical and nursing staff, as well as other health-care
professionals, are properly qualified, up to date in their knowledge, and have
access to appropriate technologies and treatment methods in order to provide
quality assistance to persons with disabilities;

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– Ensure that persons with disabilities and their families participate in decisionmaking
concerning the feasibility and type of medical or therapeutic treatment
appropriate in each case;
– Guarantee that persons with disabilities, especially women, nursing mothers
and children, receive quality medical attention within State health-care
systems;
– Adopt all measures necessary to guarantee that the medical services provided
to persons with disabilities include the following:
– Early diagnosis and intervention;
– Dignified, appropriate and modern medical assistance and treatment that
includes the use of new technologies;
– Psychological counselling and social and other assistance for persons with
disabilities and their families;
– Training in self-care activities, mobility and orientation, communication,
and skills for everyday living;
– An adequate coordination system for inter-institutional referral and counterreferral,
as appropriate.
Article 11
Guarantee of personal dignity
States parties must ensure that persons with disabilities are not excluded from
public health services or subjected without their freely obtained consent to any kind
of medical or scientific experiment and that any kind of exploitation or abusive or
degrading treatment in hospitals and psychiatric institutions is avoided.
Article 12
Permanent mental and intellectual disability
States undertake to adopt the measures necessary to improve mental health
services and the quality of care and guarantee that persons suffering from permanent
and severe mental illness and intellectual impairment are treated with due regard for
their rights and dignity. To this end, they must ensure that:
– The diagnosis of a mental illness or an intellectual impairment is made in
accordance with internationally accepted scientific standards;
– No person with an illness is subjected to physical restraint or involuntary
seclusion without the intervention and authorization of the competent medical
and legal authorities and the knowledge of his or her family;
– Public and private psychiatric institutions are subject to special regulations and
strict supervision by the health authorities to ensure that the living conditions
and treatment administered therein and the food provided to patients in those
institutions are consistent with respect for their dignity and human rights;
– Persons employed in such institutions have proper professional qualifications,
receive continuing training and are subject to periodic psychological, ethical
and moral evaluation;

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– Patients and their representatives or families have access to all information
concerning them in the medical records maintained by the psychiatric
institution and that mechanisms are in force for challenges or complaints in
cases involving abuse or negligence.
Article 13
Education
States parties shall adopt all measures necessary to eliminate segregation and
discrimination against persons with disabilities and to ensure their inclusion,
retention and participation, under conditions of equal opportunity, in mainstream
educational activities at all levels. To this end they shall:
– Include the education of persons with disabilities in national educational
planning, curriculum development and school organization in order to
guarantee their access to the mainstream educational system;
– Guarantee that persons with disabilities receive a public education, free of
charge, in all education methods and levels;
– Promote the creation, production and distribution of teaching materials and
technical assistance to meet the educational needs of persons with disabilities;
– Promote regulations to ensure that the design of school premises includes the
infrastructure required to meet the specific needs of persons with disabilities;
– Create, design and adapt, within mainstream curricula, special teaching and
evaluation systems suited to the specific needs of persons with disabilities;
– Establish continuing training and refresher programmes for teachers and
teaching assistants involved in the education of persons with disabilities;
– Involve organizations of persons with disabilities in the studies needed for the
adaptation of educational planning and curricula.
Article 14
Employment
States parties recognize the right of persons with disabilities to have a job
appropriate to their condition, and undertake to adopt all measures necessary for
their integration into the labour market, under conditions of equality. To this end
they shall take, among others, the following steps:
– Design and implement policies that allow persons with disabilities access to
and continuation in the labour market through the use of positive measures to
promote their access to employment;
– Promote incentives so that individual and collective labour agreements protect
persons with disabilities in the area of employment, job promotion and
working conditions;
– Implement guidance, instruction, training, retraining, upgrading and
employment programmes for persons with disabilities and persons who assist
them;
– Grant fiscal and financial incentives and enact special regulations for
companies which hire persons with disabilities and facilitate their freedom to

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attend medical appointments, undergo therapy and engage in any other activity
required for their comprehensive rehabilitation;
– Prohibit any regulations and discriminatory practices which deny persons with
disabilities access to employment or limit their opportunities for job retention
and promotion;
– Promote regulations to encourage the design and adaptation of workplaces,
working hours and work instruments to make them accessible for persons with
disabilities;
– Prohibit any regulations and practices which discriminate against persons with
disabilities in the area of wages, working conditions and benefits;
– Establish criminal, financial and administrative penalties for violation and
disregard of rules and regulations or failure to implement recommendations
which protect and promote the dignity and rights of persons with disabilities;
– Design and implement awareness-raising campaigns to overcome negative
attitudes and prejudices that affect persons with disabilities in the workplace.
Article 15
Social security
States parties undertake to eliminate all laws and practices which limit the
right of persons with disabilities to social security benefits. They shall ensure
recognition of this right by adopting measures to:
– Guarantee that social security systems and other social welfare programmes for
the general public do not exclude persons with disabilities;
– Design and implement social security programmes that cater for the specific
needs of persons with disabilities;
– Ensure that the lack of formal or permanent employment on the part of persons
with disabilities does not curtail their access to social security services;
– Provide the specific types of technical aids to mobility, transfer, auditory or
visual perception and other special devices that persons with disabilities
require for the improvement of their quality of life and their social inclusion
and integration.
Article 16
Protection of families
States parties recognize that persons with disabilities are fully entitled to form
their own families, except in serious cases of mental deficiency as established by
national laws. To this end, they shall take measures to guarantee that:
– Laws do not discriminate against persons with disabilities in respect of
marriage, procreation and inheritance;
– Persons with disabilities have the sex education and family planning
information they need;
– Special protection and support are promoted for women with disabilities
during pregnancy, the post-partum period and breastfeeding;

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– Campaigns are undertaken to change negative attitudes and social prejudices
towards sexuality, marriage and parenthood of persons with disabilities.
Article 17
Sexual abuse and institutional violence
States parties recognize that persons with disabilities are vulnerable to various
forms of sexual abuse in educational, employment and health-care centres and to
physical and psychological violence within the family. They therefore undertake to:
– Characterize violence within and outside the home and sexual abuse
committed against persons with disabilities as offences under national law and
to adopt the measures needed to penalize them;
– Promote measures to ensure that guidance and protection services in respect of
these types of abuse are offered as part of rehabilitation services;
– Provide persons with disabilities and their families with information
concerning the measures adopted to prevent violence and various forms of
sexual abuse within and outside the home.
Article 18
Social integration and participation
States parties recognize the right of persons with disabilities to participate
fully in social, cultural, sports and recreational activities. To this end they shall
adopt the following measures:
– Include in national laws, regulations and quality standards the obligation to
provide adapted facilities to afford persons with disabilities access to and use
of facilities and services in educational, social, cultural, artistic, sports and
recreational centres;
– Encourage national sports organizations to promote and generate programmes
which facilitate the integration of persons with disabilities into their routine
activities and national and international competitions;
– Promote the establishment of scholarship programmes and special incentives
to facilitate access by persons with disabilities to artistic and sports activities;
– Hold systematic consultations with organizations of persons with disabilities
concerning the creation and development of social, cultural, artistic, sports and
recreational programmes;
– Encourage persons with disabilities to exercise the right to use public spaces of
a social, cultural, sports and recreational character.
Article 19
Political rights
The States parties to this Convention undertake to:
(a) Guarantee the exercise of the right to universal and secret suffrage of all
persons with disabilities and, for that purpose, include in election mechanisms the
use of instruments and specialized technologies for each type of disability or
stipulate that aides shall be made available to provide assistance in voting.

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(b) Repeal laws and regulations that impede or limit the access of persons
with disabilities to civil service posts and as candidates for elective office.
(c) Guarantee and protect the right of persons with disabilities to freedom of
association and to form their own organizations in order to participate in political
and social processes.
Article 20
Legal aid
States parties undertake to ensure that all prosecuted or convicted disabled
persons enjoy all their rights, especially the right to have the free assistance of
interpreters, translators or paralegal specialists to conduct their defence and the right
to receive specialized health and rehabilitation services.
Article 21
National monitoring and evaluation bodies
States parties undertake to establish or strengthen institutions for the
intragovernmental coordination, design and implementation of policies to address
the needs of disabled persons at the central, regional, departmental or provincial and
local government levels, in accordance with their internal legal systems, which shall
be responsible for ensuring the rights and dignity of persons with disabilities.
Organizations of persons with disabilities and their families shall be represented in
such bodies at all levels.
The principal functions of such institutions shall include the permanent
monitoring of the implementation of the Convention, in particular of the objectives
established in article 3, and the formulation of appropriate recommendations for its
fulfilment to the relevant government bodies.
The institutions to which this article refers may assume at the national level,
preferably, the structure of presidential office, council, institute or department. If
they are not attached to the Office of the President of the Republic, they shall be
assigned to ministries responsible for social development policies and programmes.
Such institutions shall function as mechanisms for coordination with disabled
persons’ organizations at the national, provincial, departmental, regional or local
level.
The institutions established shall conduct a triennial evaluation of national
implementation of the Convention and of the measures to be applied in order to
fulfil its objectives.
Article 22
Intergovernmental cooperation
States parties agree to consult and cooperate with each other regarding the
implementation of the provisions of this Convention. To that end they undertake to
promote:
Consultation and international cooperation mechanisms for the prevention of
disabilities. Regional and international programmes to comprehensively target

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disability as a common problem, ensure equal opportunities and treatment for
persons with disabilities and achieve all the objectives set forth in this Convention.
Effective exchange of the latest advances in scientific research and the
development of technology pertaining to the prevention of disabilities and the
treatment, rehabilitation and social integration of persons with disabilities.
Research, training and refresher training through inter-country and
international events such as seminars, congresses, symposia, courses, workshops and
meetings of various kinds.
Article 23
Monitoring Committee
1. In order to monitor the implementation of this Convention, a Committee of
Experts on the Rights of Persons with Disabilities (hereinafter called “the
Committee”) shall be established, the functions of which shall be as set forth below.
The Committee shall consist of 12 experts of high moral standing and recognized
competence in the area of protection and promotion of the rights and dignity of
persons with disabilities, serving in their personal capacity.
2. Members of the Committee shall be elected by secret ballot from a list of
persons nominated by States parties. Each State party may propose one person from
among its own nationals.
3. The initial election shall be held, at the latest, six months following the date on
which the Convention enters into force. At least six months prior to the date of each
election, the Secretary-General of the United Nations shall address a letter to the
States parties inviting them to submit their nominations within a period of three
months. The Secretary-General shall prepare a list, in alphabetical order, of all the
persons nominated, indicating the States parties that proposed them, and shall send
it to the States parties.
4. Committee members shall be elected at a meeting of the States parties
convened by the Secretary-General and held at United Nations Headquarters. At that
meeting, for which a quorum shall be constituted by the attendance of two thirds of
the States parties, those candidates who obtain the highest number of votes and an
absolute majority of votes of the representatives of States parties present and voting
shall be considered elected to the Committee.
5. Committee members shall be elected for a period of four years. They may be
re-elected if their candidature is put forward again.
6. In order to fill casual vacancies, the State party whose expert has terminated
his or her functions as a Committee member shall appoint another member from
among its nationals, subject to the approval of the Committee.
Article 24
Functions of the Committee
1. The Committee’s functions shall be to evaluate the national reports submitted
annually by States parties on the progress and difficulties in implementing this
Convention and make specific recommendations to States parties, specialized
agencies and other competent organs further to advance the implementation of this
Convention.

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2. The Committee shall identify areas of cooperation among States parties, and
between these and the specialized agencies and other competent organs, that will
facilitate implementation of this Convention. To that end the Committee, after
evaluating the national reports, shall transmit its recommendations to the States
parties and to the representatives of the specialized agencies and other competent
organs.
3. The Committee may transmit to the specialized agencies and other competent
organs, reports of States parties that contain requests for financial and technical
assistance, together with the Committee’s observations and suggestions.
4. In order to identify progress and difficulties in implementing this Convention
and make specific recommendations to States parties, specialized agencies and other
competent organs, the Committee shall invite the specialized agencies, other
competent organs and non-governmental organizations to participate in studying the
implementation of this Convention and to make recommendations thereon.
5. The Committee may seek technical assistance from United Nations organs at
any stage of the report evaluation process or during the implementation of its final
recommendations.
6. The Committee shall submit an annual report to the States parties and to the
General Assembly of the United Nations on its activities pursuant to this
Convention.
Article 25
Functioning of the Committee
1. The Committee shall elect its Bureau for a period of two years. Members of
the Bureau may be re-elected for a further two-year period.
2. The Committee shall establish its own rules of procedure, which shall stipulate
the following, inter alia:
Eight members shall constitute a quorum;
Decisions of the Committee shall be taken by a majority of members present
and voting.
3. The Committee shall normally meet annually for a period not exceeding two
weeks to evaluate reports submitted in compliance with article 26 of this
Convention.
4. The Secretary-General of the United Nations shall provide the personnel and
services necessary for the effective performance of the functions of the Committee
under this Convention.
5. Considering the importance of the functions of the Committee and subject to
prior approval of the General Assembly of the United Nations, the members of the
Committee shall receive emoluments from United Nations funds in a manner and
under conditions to be determined by the Assembly.

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Article 26
Reports of States parties
1. States parties undertake to submit to the Secretary-General of the United
Nations, for consideration by the Committee, a report on the legislative, judicial,
administrative or any other measures they have adopted to give effect to the
provisions of this Convention.
2. Reports submitted by States parties must specify progress achieved and
difficulties affecting fulfilment of their obligations under the present Convention.
They must likewise contain sufficient information on difficulties encountered in its
implementation.
3. States parties shall submit their reports for consideration by the Committee:
within one year following the entry into force of this Convention for the State
party in question;
thereafter, every year or whenever requested by the Committee.
4. In their periodic reports, States parties undertake to include a chapter on the
situation of children, women and older persons with disabilities and on the steps
taken to deal with their particular situation, including special measures to provide
them with equal access to education and employment, health services and social
security and to ensure their participation in all areas of economic, social and cultural
life.
Article 27
Amendments
1. Any State party to this Convention may propose an amendment and deposit it
with the Secretary-General of the United Nations. The procedure to be followed in
such cases shall be the following:
(a) The Secretary-General shall inform States parties of the proposed
amendment, asking them to notify him should they wish to convene a Conference of
States parties to examine the proposal and put it to a vote.
(b) If within four months following the date of such notification, at least one
third of the States parties declare themselves in favour of convening such a
conference, the Secretary-General shall convene an amendment conference under
the auspices of the United Nations.
(c) Any amendment adopted by a majority of the States parties present and
voting at the conference shall be submitted by the Secretary-General to the General
Assembly of the United Nations for approval.
(d) Any amendment adopted shall enter into force once it has been approved
by the General Assembly of the United Nations and accepted by a two-thirds
majority of the States parties.
(e) When amendments enter into force, they shall be binding on the States
parties that accepted them, while the other States parties shall remain bound by the
provisions of this Convention and any previous amendments they have accepted.
2. States not parties to this Convention, as well as the specialized agencies, nongovernmental
organizations and other competent organs, shall be entitled to be

A/AC.265/2003/WP.1
invited to attend the amendment conference as observers, in accordance with the
agreed rules of procedure.
Article 28
Publicity
Each State party undertakes to disseminate this Convention widely and to
publicize it.
Article 29
Depositary
1. The Secretary-General of the United Nations is hereby designated depositary
of this Convention.
2. This Convention shall be open for signature by all United Nations Member
States.
3. This Convention shall be open for ratification or accession by all United
Nations Member States.
4. Instruments of signature, accession or ratification shall be deposited with the
Secretary-General of the United Nations.
Article 30
Entry into force
This Convention shall enter into force on the thirtieth day after the date on
which the tenth instrument of ratification or accession has been deposited with the
Secretary-General of the United Nations.
Article 31
Distribution
1. This Convention, whose tests in Arabic, Chinese, English, French, Russian and
Spanish are equally authentic, shall be deposited in the archives of the United
Nations.
2. The Secretary-General of the United Nations shall send certified copies of this
Convention to all States parties.