UN Human Rights Treaties

United Nations A/AC.265/2004/WG.1
General Assembly Distr.: General
27 January 2004
Original: English
04-22343 (E) 050304
*0422343*
Ad Hoc Committee on a Comprehensive and
Integral International Convention on the
Protection and Promotion of the Rights
and Dignity of Persons with Disabilities
Working Group
New York, 5-16 January 2004
Report of the Working Group to the Ad Hoc Committee
I. Introduction
1. At its 14th meeting, on 27 June 2003, 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 decided to
establish a Working Group with the aim of preparing and presenting a draft text
which would be the basis for negotiation by Member States and observers at the Ad
Hoc Committee of the draft convention. It also decided that “the Working Group
shall meet intersessionally at the United Nations Headquarters in New York for one
session of ten working days early in 2004, and will present the outcome of its work
on a draft text to the Ad Hoc Committee at its third session”. That decision was
endorsed by the General Assembly in its resolution 58/246 of 23 December 2003.
2. The Working Group is comprised of representatives of the following
Governments, non-governmental organizations and national human rights
institution:
Cameroon, Canada, China, Colombia, Comoros, Ecuador, Germany, India,
Ireland, Jamaica, Japan, Lebanon, Mali, Mexico, Morocco, New Zealand,
Philippines, Republic of Korea, Russian Federation, Serbia and Montenegro,
Sierra Leone, Slovenia, South Africa, Sweden, Thailand, Uganda, Venezuela
Disability Australia Limited, Disabled Peoples’ International, Disabled
Peoples’ International (Africa), European Disability Forum, Inclusion
International, Inter-American Institute on Disability, Landmine Survivors
Network, Rehabilitation International, World Blind Union, World Federation
of the Deaf, World Federation of the Deafblind, World Network of Users and
Survivors of Psychiatry
South African Human Rights Commission (representing national human rights
institutions)

A/AC.265/2004/WG.1
II. Organizational matters
A. Opening and duration
3. The Working Group held its session at United Nations Headquarters in New
York from 5 to 16 January 2004. In the course of its session, the Working Group
held 20 formal meetings as well as a number of informal consultations.
4. The session of the Working Group was opened by the Chairman of the Ad Hoc
Committee, Ambassador Luis Gallegos Chiriboga (Ecuador).
5. At its 1st meeting, on 5 January, the Working Group endorsed the appointment
by the Chairman of the Ad Hoc Committee, on the basis of consultations, of
Ambassador Don MacKay (New Zealand) as Coordinator of the Working Group.
B. Adoption of the agenda
6. At its 1st meeting, on 5 January, the Working Group adopted its agenda
(A/AC.265/2004/WG/CRP.1/Rev.1), as follows:
1. Opening of the meeting.
2. Adoption of the agenda.
3. Organization of work.
4. Preparation of a draft text for a comprehensive and integral international
convention on the protection and promotion of the rights and dignity of
persons with disabilities.
5. Conclusions of the Working Group.
6. Adoption of the report of the Working Group to the Ad Hoc Committee.
7. Other business.
C. Documentation
7. In connection with its work, the Working Group had before it:
(a) A CD-ROM containing the compilation of proposals for elements of a
Convention as well as individual contributions, received as of 31 December 2003;
(b) A printed version of the compilation of proposals for elements of a
Convention, received as of 19 December 2003.
The following countries, organizations and individuals had submitted contributions:
Chairman of the Ad Hoc Committee
• Chair’s draft text (I-IV): Elements of a comprehensive and integral
convention on the protection and promotion of the rights and dignity of
persons with disabilities. Dated: 15 December 2003 (“Chair’s draft”)

A/AC.265/2004/WG.1
• Chair’s draft text (V): Draft elements on implementation: application,
implementation and monitoring of the Convention. Date of submission: 24
December 2003
• Chair’s draft text: Preamble. Date of submission: 7 January 2004
Governments
• Australia: Australia’s approach to a draft convention on the rights of people
with disabilities. Dated: 17 December 2003
• China: Convention on rights of persons with disabilities: a proposed draft text
by China. Date of submission: 11 December 2003
• Costa Rica: National Council for Rehabilitation and Special Education: some
aspects to include in the drafting of the convention of the human rights of
persons with disabilities. Date of submission: 20 November 2003
• European Union (EU):
• EU Proposal for the text of an international convention on the full and equal
enjoyment of all human rights and fundamental freedoms by persons with
disabilities. Dated: 18 December 2003
• “Elements for an International Convention”, submitted at the second session
of the Ad Hoc Committee (A/AC.265/2003/CRP.13/Add.2)
• India: Comprehensive and integral international convention to promote and
protect the rights and dignity of persons with disabilities: draft convention,
India. Dated: 31 December 2003
• Japan: Position paper of the Government of Japan on the comprehensive and
integral international convention to promote and protect the rights and dignity
of persons with disabilities. Date of submission: 24 December 2003
• Mexico: Comprehensive and integral international convention to promote and
protect the rights and dignity of persons with disabilities. Working Paper
submitted by Mexico at the first session of the Ad Hoc Committee
(A/AC.265/WP.1)
• New Zealand: New Zealand’s view of a convention on the rights of disabled
people. Dated: 28 November 2003
• United States: Disability rights law measures in the United States. Date of
submission: 15 December 2003
• Venezuela: 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 at
the second session of the Ad Hoc Committee (A/AC.265/2003/WP.1)
National human rights institutions
• African Regional Workshop: Regional Workshop on Promoting the Rights of
Persons with Disabilities: Towards a New United Nations Convention,
Munyonyo-Kampala, Uganda, 5-6 June 2003

A/AC.265/2004/WG.1
• Commonwealth and Asia Pacific Region International Workshop: An
International Workshop for National Human Rights Institutions from the
Commonwealth and Asia Pacific Region, New Delhi, 26-29 May 2003
Intergovernmental organizations/Regional meetings
• Disability African Regional Consultative Conference, Johannesburg, 1-6
May 2003
• Bangkok Draft: Regional Workshop towards a Comprehensive and Integral
International Convention on Protection and Promotion of the Rights and
Dignity of Persons with Disabilities, Bangkok, 14-17 October 2003
• Bangkok Recommendations: Expert Group Meeting and Seminar on an
International Convention to Protect and Promote the Rights and Dignity of
Persons with Disabilities, Bangkok, 2-4 June 2003
• Quito Seminar: Americas Regional Seminar and Workshop on Norms and
Standards related to the Rights of Persons with Disabilities and Development,
Quito, 9-11 April 2003
United Nations system
• International Labour Organization: Submission to the Working Group of
the Ad Hoc Committee to consider proposals for a comprehensive and integral
international convention on protection and promotion of the rights and dignity
of persons with disabilities. Date of submission: 18 December 2003
• United Nations Children’s Fund: Proposals to the Working Group on an
international convention on the protection and promotion of the rights and
dignity of persons with disabilities. Date of submission: 2 January 2004
Non-governmental organizations
• Disabled Peoples’ International (DPI): DPI position paper regarding a new
international human rights convention for disabled people. Dated: 25 February
2003
• Disabled Peoples International — Japan: DPI Japan Assembly position
paper regarding the convention. Date of submission: 19 June 2003
• European Disability Forum (EDF): EDF contribution to the second Ad Hoc
Committee to consider proposals for a United Nations convention to protect
and promote the rights of persons with disabilities. Dated: May 2003
• Inclusion International:
• Some reflections, proposals and recommendations for the International
Disability Alliance meeting on the Convention to protect the rights of
disabled persons. Dated: February 2003
• Some reflections regarding the preparation of a comprehensive and integral
convention on the promotion and protection of the rights and dignity of
persons with disabilities. Date of submission: 30 December 2003

A/AC.265/2004/WG.1
• International Disability Alliance: Towards a United Nations disability
convention: statement for second Ad Hoc Committee session. Dated: 2 March
2003
• Rights into Action — the International Network of Young Disabled
People: A position statement on the proposed comprehensive and integral
international convention to promote and protect the rights and dignity of
persons with disabilities. Dated: 16 December 2003
• World Blind Union: Manifesto for a United Nations Convention on the Rights
of People with Disabilities. Dated: February 2003
• World Network of Users and Survivors of Psychiatry: Submission to the
United Nations Ad Hoc Committee in 2003 and contributions submitted on 30
December 2003 and 5 January 2004
Others/individuals
• Online consultation organized by the Department of Economic and Social
Affairs; comments on the draft text presented by Mexico
• Coalition of Individuals, Organizations and Agencies of the People, for the
People and by the People with Disabilities in Eastern Europe (Belarus,
Poland, Republic of Moldova, Russian Federation and Ukraine) (Coalition
Eastern Europe). Date of submission: 13 December 2003
8. The Working Group also had before it the following documents:
(a) Provisional agenda (A/AC.265/2004/WG/CRP.1/Rev.1);
(b) Organization of work (A/AC.265/2004/WG/CRP.2);
(c) Text proposed by the Coordinator (A/AC.265/2004/WG/CRP.3 and
Add.1-25);
(d) Annex I to the draft report (text of the draft convention)
(A/AC.265/2004/WG/CRP.4 and Add.1-2 and 4-5);
(e) Draft report of the Working Group (A/AC.265/2004/WG/CRP.5).
III. Preparation of a draft text for a comprehensive and integral
international convention on the protection and promotion of
the rights and dignity of persons with disabilities
9. The Working Group noted that its mandate from the Ad Hoc Committee was to
prepare and present a draft text which would be the basis for negotiations at the Ad
Hoc Committee, taking into account all contributions submitted in advance of the
meetings of the Working Group. The Working Group was not mandated to negotiate
a final text, and was not tasked with being a drafting committee. The Working
Group therefore saw its task as identifying possible approaches, and narrowing
down the options, including those found in the compilation of proposals, so as to
provide a basis for further work in the Ad Hoc Committee.
10. Accordingly, the draft text prepared and presented by the Working Group
represents the outcome of discussions to achieve that objective, and not the position

A/AC.265/2004/WG.1
of any particular delegation in the Working Group. Delegations represented in the
Working Group made clear that they wish to discuss many issues further in the Ad
Hoc Committee.
IV. Conclusions of the Working Group
11. At its 20th meeting, on 16 January, the Working Group decided to present the
attached text (see annex I) to the Ad Hoc Committee as a basis for negotiations, as
mandated by the Committee, on the understandings set out in section III of the
present report, as well as to append the “Summary of the discussions held regarding
the issue of international cooperation to be considered by the Ad Hoc Committee”
(see annex II).
V. Adoption of the report of the Working Group to the Ad Hoc
Committee
12. At its 20th meeting, on 16 January, the Working Group adopted by consensus
its report 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 at its third session.

A/AC.265/2004/WG.1
Annex I
Draft comprehensive and integral international convention
on the protection and promotion of the rights and dignity of
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 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, 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 and interdependence of all
human rights and fundamental freedoms and the need for persons with disabilities to
be guaranteed their full enjoyment without discrimination,
(d) Reaffirming also 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
(e) Recognizing the importance of the principles and policy guidelines
contained in the 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 against any person on the basis of
disability is a violation of the inherent dignity of the human person,
(g) Recognizing further the diversity of persons with disabilities,
(h) Concerned that, despite the efforts and actions undertaken by
Governments, bodies and relevant organizations, persons with disabilities continue
to face barriers in their participation as equal members of society and violations to
their human rights in all parts of the world,
__________________
1 Several members of the Working Group made proposals on alternative structures for the draft
Convention, and also on its title. The Ad Hoc Committee may wish to consider the structure and
title of the draft further.
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
had entered into force and should therefore be listed.

A/AC.265/2004/WG.1
(i) Emphasizing the importance of international cooperation3 to promote the
full enjoyment of human rights and fundamental freedoms of persons with
disabilities,4
(j) Emphasizing also the existing and potential contributions made by
persons with disabilities to the overall well-being and diversity of their
communities, and that the promotion of the full enjoyment by persons with
disabilities of 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 and the eradication of poverty,
(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 should have the opportunity to
be actively involved in decision-making processes about policies and programmes,
especially those directly concerning them,
(m) Concerned about the difficult conditions faced by persons with severe or
multiple disabilities and of persons with disabilities who are subject to multiple or
aggravated forms of discrimination on the basis of race, colour, sex, language,
religion, political or other opinion, national or social origin, property, birth or other
status,5
(n) Emphasizing the need to incorporate a gender perspective in all efforts to
promote the full enjoyment of human rights and fundamental freedoms by persons
with disabilities,
(o) Mindful of the need to alleviate the negative impact of poverty on the
conditions of persons with disabilities,6
(p) Concerned that situations of armed conflict have especially devastating
consequences for the human rights of persons with disabilities,
(q) Recognizing the importance of accessibility to the physical, social and
economic environment and to information and communication, including
information and communication technologies, in enabling persons with disabilities
to fully enjoy all human rights and fundamental freedoms,
(r) Convinced that a convention dealing specifically with the human rights of
persons with disabilities will make a significant contribution to redressing the
profound social disadvantage of persons with disabilities and promote their
__________________
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. A more extensive summary of the discussion on this issue is given
in annex II to the present report.
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”.
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.

A/AC.265/2004/WG.1
participation in the civil, political, economic, social and cultural spheres with equal
opportunities, in both developing and developed countries,
Hereby agree as follows:
Article 1
Purpose
The purpose7 of this Convention shall be to ensure the full, effective and equal
enjoyment of all human rights and fundamental freedoms by persons with
disabilities.8
Article 2
General principles
The fundamental principles of this Convention shall be:
(a) Dignity, individual autonomy including the freedom to make one’s own
choices, and independence of persons;
(b) Non-discrimination;
(c) Full inclusion of persons with disabilities as equal citizens and
participants in all aspects of life;
(d) Respect for difference and acceptance of disability as part of human
diversity and humanity;
(e) Equality of opportunity.
Article 3
Definitions9
“Accessibility”10
“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
__________________
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.
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.”
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.

A/AC.265/2004/WG.1
“Disability”12
“Persons with disability”13
“Discrimination on the ground of disability”14
“Language” includes oral-aural language and sign language.15
“Reasonable accommodation”16
“Universal design” and “Inclusive design”.17
Article 4
General obligations18,19
1. States Parties undertake to ensure the full realization of all human rights and
fundamental freedoms for all individuals within their jurisdiction20 without
__________________
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 Organization’s 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.
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 Chair’s 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 Group’s 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
non-citizens 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.

A/AC.265/2004/WG.1
discrimination of any kind on the basis of disability. To this end, States Parties
undertake:
(a) To adopt 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;
(b) To embody the rights of equality 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 disability issues into all economic and social development
policies and programmes;
(d) To refrain from engaging in any act or practice that is inconsistent with
this Convention and to ensure that public authorities and institutions act in
conformity with this Convention;
(e) To take all appropriate measures to eliminate discrimination on the
ground of disability by any person, organization or private enterprise;
(f) To promote21 the development, availability and use of universally
designed goods, services, equipment and facilities. 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.22
2. In the development and implementation of policies and legislation to
implement this Convention, States Parties shall do so in close consultation with, and
include the active involvement of, persons with disabilities and their representative
organizations.
Article 5
Promotion of positive attitudes to persons with disabilities
1. States Parties undertake to adopt immediate and effective measures to:
(a) Raise awareness throughout society regarding disability and persons with
disabilities;
(b) Combat stereotypes and prejudices about persons with disabilities;
(c) 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.
2. These measures shall include, among others:
(a) Initiating and maintaining an effective public awareness campaign
designed to nurture receptiveness to the rights of persons with disabilities;
__________________
21 The Ad Hoc Committee may wish to consider whether a term that places stronger obligations on
States Parties should replace “promote”.
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/WG.1
(b) Promoting awareness, 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;
(c) Encouraging all organs of the media to project an image of persons with
disabilities consistent with the purpose of this Convention;
(d) Working in partnership with persons with disabilities and their
representative organizations in all measures taken to give effect to the obligations
contained in this article.
Article 6
Statistics and data collection23
In order to formulate and implement appropriate policies to protect and
promote the rights of persons with disabilities, States Parties should encourage the
collection, analysis and codification of statistics and information on disabilities and
on the effective enjoyment of human rights by persons with disabilities. The process
of collecting and maintaining this information should:
(a) Respect the right to privacy, the dignity and the rights of persons with
disabilities, and the information collected from persons with disabilities should be
on a voluntary basis;
(b) Be kept only in a statistical format without identifying individuals and
should be kept secure to prevent unauthorized access or misuse of information;
(c) Ensure that the design and implementation of data collection is done in
partnership with persons with disabilities, their representative organizations and all
other relevant stakeholders;
(d) Be disaggregated according to the purpose of the collection of
information and should include age, sex and type of disability;
(e) Include detailed information on their access to public services,
rehabilitation programmes, education, housing and employment;
__________________
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/WG.1
(f) Adhere to established ethics regarding respect for anonymity and
confidentiality in the collection of statistics and data.
Article 7
Equality and non-discrimination
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. 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 or social
origin, property, birth, source or type of disability, age or any other status.
2. (a) Discrimination shall mean any distinction, exclusion or restriction which
has the purpose or effect of impairing or nullifying the recognition, enjoyment or
exercise by persons with disabilities, on an equal footing, of all human rights and
fundamental freedoms;
(b) Discrimination shall include all forms of discrimination, including direct,
indirect24 and systemic, and shall also include discrimination based on an actual or
perceived25 disability.
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
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
reasonable accommodation,27 defined as necessary and appropriate modification and
__________________
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 individual’s perception of themselves, or society’s 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”.
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.

A/AC.265/2004/WG.1
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.
5. Special measures28 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
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
Article 9
Equal recognition as a person before the law
States Parties shall:
__________________
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 individual’s 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.
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/WG.1
(a) Recognize persons with disabilities as individuals with rights before the
law equal to all other persons;
(b) Accept that persons with disabilities have full legal capacity on an equal
basis as others,32 including in financial matters;
(c) Ensure that where assistance is necessary to exercise that legal capacity:
(i) The assistance is proportional to the degree of assistance required by the
person concerned and tailored to their circumstances, and does not interfere
with the legal capacity, rights and freedoms of the person;
(ii) Relevant decisions are taken only in accordance with a procedure
established by law and with the application of relevant legal safeguards;33
(d) 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
(e) Take all appropriate and effective measures to ensure the equal right of
persons with disabilities to own or inherit property, to control their own financial
affairs and to have equal access to bank loans, mortgages and other forms of
financial credit;
(f) Ensure that persons with disabilities are not arbitrarily deprived of their
property.
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;
__________________
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.
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/WG.1
(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 on disability.37
2. States Parties shall ensure that if persons with disabilities are deprived of their
liberty, they are:
(a) Treated with humanity and respect for the inherent dignity of the human
person, and in a manner that takes into account the needs they have because of their
disabilities;
(b) Provided with adequate information in accessible formats as to the
reasons for their deprivation of liberty;
(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;
(d) Provided with compensation in the case of unlawful deprivation of
liberty, or deprivation of liberty based on disability, contrary to this Convention.
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 or cruel, inhuman or degrading treatment or punishment.
2. In particular, States Parties shall prohibit, and protect persons with disabilities
from, medical or scientific experimentation without the free and informed consent of
the person concerned, and shall protect persons with disabilities from forced
__________________
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 addition, 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/WG.1
interventions or forced institutionalization aimed at correcting, improving or
alleviating any actual or perceived impairment.38
Article 12
Freedom from violence and abuse
1. States Parties recognize that persons with disabilities 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.
States Parties shall therefore take all appropriate legislative, administrative, social,
educational and other measures to protect persons with disabilities, both within and
outside the home, from all forms of violence, injury or abuse, neglect or negligent
treatment, maltreatment or exploitation, including sexual exploitation and abuse.
2. Such measures should prohibit, and protect persons with disabilities from,
forced interventions or forced institutionalization aimed at correcting, improving or
alleviating any actual or perceived impairment, and abduction.
3. States Parties shall also take all appropriate measures to prevent violence,
injury or abuse, neglect or negligent treatment, maltreatment or exploitation,
including sexual exploitation and abuse, by ensuring, inter alia, support for persons
with disabilities and their families, including the provision of information.
4. States Parties shall ensure that all facilities and programmes, both public and
private, where persons with disabilities are placed together, separate from others, are
effectively monitored to prevent the occurrence of violence, injury or abuse, neglect
or negligent treatment, maltreatment or exploitation, including sexual exploitation
and abuse.
5. Where persons with disabilities are the victim of any form of violence, injury
or abuse, neglect or negligent treatment, maltreatment or exploitation, including
sexual exploitation and abuse, States Parties shall take all appropriate measures39 to
promote their physical and psychological recovery and social reintegration.
6. States Parties shall ensure the identification, reporting, referral, investigation,
treatment and follow-up of instances of violence and abuse, and the provision of
protection services and, as appropriate, judicial involvement.
Article 13
Freedom of expression and opinion, and access to information
States Parties shall take appropriate measures to ensure that persons with
disabilities can exercise their right to freedom of expression and opinion through
__________________
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 instituionalization should be permitted in accordance with
appropriate legal procedures and safeguards.
39 Some Working Group members suggested that this paragraph should include an explicit
provision of legal remedies.

A/AC.265/2004/WG.1
Braille, sign language40 and other modes of communication41 of their choice, and to
seek, receive and impart information, on an equal footing with others, including by:
(a) Providing public information to persons with disabilities, on request, in a
timely manner and without additional cost, in accessible formats42 and technologies
of their choice, taking into account different kinds of disability;
(b) Accepting the use of alternative modes of communication by persons
with disabilities in official interactions;
(c) Educating persons with disabilities to use alternative and augmentative
communication modes;
(d) Undertaking and promoting the research, development and production of
new technologies, including information and communication technologies, and
assistive technologies, suitable for persons with disabilities;
(e) Promoting other appropriate forms of assistance and support to persons
with disabilities to ensure their access to information;43
(f) Encouraging44 private entities that provide services to the general public
to provide information and services in accessible and usable formats for persons
with disabilities;
(g) Encouraging the mass media to make their services accessible to persons
with disabilities.
Article 14
Respect for privacy, the home and the family
1. Persons with disabilities, including those living in institutions, shall not be
subjected to arbitrary or unlawful interference with their privacy, and shall have the
right to the protection of the law against such interference. States Parties to this
Convention shall take effective measures to protect the privacy of the home, family,
correspondence45 and medical records of persons with disabilities and their choice
to take decisions on personal matters.
__________________
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.
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).
45 The Ad Hoc Committee may wish to consider whether the word “correspondence” should be
replaced with the broader term “communications”.

A/AC.265/2004/WG.1
2. States Parties to this Convention shall take effective and appropriate measures
to eliminate discrimination against persons with disabilities in all matters relating to
marriage and family relations,46 and in particular shall ensure:
(a) That persons with disabilities are not denied the equal opportunity to
experience their sexuality, have sexual and other intimate relationships, and
experience parenthood;
(b) The right of all men and women with disabilities who are of marriageable
age to marry on the basis of free and full consent of the intending spouses, and to
found a family;
(c) The rights of persons with disabilities to decide freely and responsibly on
the number and spacing of their children47 on an equal basis with other persons48
and to have access to information, reproductive and family planning education, and
the means necessary to enable them to exercise these rights;
(d) The rights of persons with disabilities with regard to guardianship,
wardship, trusteeship and adoption of children, or similar institutions where these
concepts exist in national legislation. For the purpose of guaranteeing these rights,
States Parties shall render appropriate assistance to disabled parents in the
performance of their child-rearing responsibilities;49
(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 of their disability;50
(f) The promotion of awareness and the provision of information aimed at
changing negative perceptions and social prejudices towards sexuality, marriage and
parenthood of persons with disabilities.
__________________
46 The Ad Hoc Committee may wish to consider whether the phrase “marriage and family
relations” might be too limiting.
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.
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”.

A/AC.265/2004/WG.1
Article 15
Living independently51 and being included in the community
States Parties to this Convention shall take effective and appropriate measures
to enable persons with disabilities to live independently and be fully included in the
community, including by ensuring that:
(a) Persons with disabilities have the equal opportunity to choose their place
of residence and living arrangements;
(b) Persons with disabilities are not obliged to live in an institution or in a
particular living arrangement;52
(c) That persons with disabilities have access to 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;53
(d) Community services for the general population are available on an equal
basis to persons with disabilities and are responsive to their needs;
(e) Persons with disabilities have access to information about available
support services.
Article 16
Children with disabilities54
1. States Parties undertake to ensure that each child with a disability within their
jurisdiction shall enjoy, without discrimination of any kind on the basis of disability,
the same rights and fundamental freedoms as other children.
2. States Parties recognize that children with disabilities should enjoy a full and
decent life, in conditions that ensure dignity, promote self-reliance and autonomy,
and facilitate the child’s active participation in the community.
__________________
51 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.
52 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).
53 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.
54 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 children’s 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.

A/AC.265/2004/WG.1
3. States Parties recognize the right of children with disabilities to inclusive care,
which shall include:
(a) Early provision of appropriate and comprehensive services;
(b) The extension, subject to available resources, 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 child’s condition and to the circumstances of the parents
or others caring for the child.
4. Recognizing the needs of children with disabilities, assistance extended in
accordance with paragraph 3 of the present article shall be provided free of charge,
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 child’s achieving the fullest
possible social integration and individual development, including his or her cultural
and spiritual development.
5. Children with disabilities and their parents or other persons caring for or
legally responsible for the child shall be provided with appropriate information,
referrals and counselling, and information made available in these ways should
provide them with a positive view of their potential and right to live a full and
inclusive life.
Article 17
Education55
1. States Parties recognize the right of all persons with disabilities to education.
With a view to achieving this right progressively and on the basis of equal
opportunity, the education of children56 with disabilities shall be directed to:57
(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;
(b) Enabling all persons with disabilities to participate effectively in a free
society;
(c) The development of the child’s personality, talents and mental and
physical abilities to their fullest potential;
(d) Taking into account the best interests of the child, in particular by
individualizing education plans.
__________________
55 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.
56 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.
57 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/WG.1
2. In realizing this right, States Parties shall ensure:
(a) That all persons with disabilities can choose inclusive and accessible
education in their own community (including access to early childhood and preschool
education);58
(b) The provision of required support, including the specialized training of
teachers,59 school counsellors and psychologists, an accessible curriculum, an
accessible teaching medium and technologies, alternative and augmentative
communication modes, alternative learning strategies, an accessible physical
environment, or other reasonable accommodations to ensure the full participation of
students with disabilities;
(c) That no child with disabilities is excluded from free and compulsory
primary education on account of their disability.
3. States Parties shall ensure that where the general education system does not
adequately meet the needs of persons with disabilities special and alternative forms
of learning60 should be made available. Any such special and alternative forms of
learning should:61
(a) Reflect the same standards and objectives provided in the general
education system;
(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;62
__________________
58 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.
59 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.
60 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”.
61 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 individual’s ability to choose either the general
system or the specialist services.
62 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.

A/AC.265/2004/WG.1
(c) Allow a free and informed choice between general and special systems;
(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.
4. States Parties shall ensure that children with sensory disabilities may choose to
be taught sign language or Braille, as appropriate, and to receive the curriculum in
sign language or Braille. States Parties shall take appropriate measures to ensure
quality education to students with sensory disabilities by ensuring the employment
of teachers who are fluent in sign language or Braille.63
5. States Parties shall ensure that persons with disabilities may access general
tertiary education, vocational training, adult education and lifelong learning on an
equal basis with others. To that end, States Parties shall render appropriate
assistance to persons with disabilities.
Article 18
Participation in political and public life
States Parties recognize the political rights of persons with disabilities, without
discrimination, and undertake to:
(a) Actively promote an environment in which persons with disabilities can
effectively and fully participate in political and public life, directly or through freely
chosen representatives, including the right and opportunity of citizens with
disabilities to vote and be elected, and by ensuring that voting procedures and
facilities:
(i) Are appropriate, accessible and easy to understand;
(ii) Protect the right of citizens with disabilities to vote by secret ballot; and
(iii) Allow, where necessary, the provision of assistance in voting to citizens
with disabilities;
(b) Actively promote an environment in which persons with disabilities can
effectively and fully participate in the conduct of public administration, and shall
encourage, as appropriate, their participation in public affairs, including to:64
(i) Participate on a basis of equality in the activities and administration of
political parties and civil society;
(ii) Form and join organizations of persons with disabilities to represent
persons with disabilities at national, regional and local levels;
__________________
63 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.
64 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/WG.1
(c) Ensure that persons with disabilities and their organizations participate,
on an equal basis to others, in all decision-making processes, in particular those
concerning issues relating to persons with disabilities.65
Article 19
Accessibility
1. States Parties to this Convention shall take appropriate66 measures to identify
and eliminate obstacles, and to ensure accessibility for persons with disabilities to
the built67 environment, to transportation, to information and communications,
including information and communications technologies, and to other services,68 in
order to ensure the capacity of persons with disabilities to live independently and to
participate fully in all aspects of life. The focus of these measures shall include,
inter alia:
(a) The construction and renovation of public69 buildings, roads and other
facilities for public use, including schools, housing, medical facilities, indoor and
outdoor facilities and publicly owned workplaces;
(b) The development and remodelling of public transportation facilities,
communications and other services, including electronic services.
2. States Parties shall also take appropriate measures to:
(a) Provide in public buildings and facilities signage in Braille and easy-toread-
and-understand forms;
(b) Provide other forms of live assistance70 and intermediaries,71 including
guides, readers and sign language interpreters, to facilitate accessibility to public
buildings and facilities;
__________________
65 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.
66 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.
67 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.
68 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.
69 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.
70 “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).
71 “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/WG.1
(c) Develop, promulgate and monitor implementation of minimum national
standards and guidelines for the accessibility of public facilities and services;
(d) Encourage private entities that provide public facilities and services to
take into account all aspects of accessibility for persons with disabilities;
(e) Undertake and promote research, development and production of new
assistive technologies, giving priority to affordably priced technologies;
(f) Promote universal design and international cooperation in the
development of standards, guidelines and assistive technologies;
(g) Ensure that organizations of persons with disabilities are consulted when
standards and guidelines for accessibility are being developed;
(h) Provide training for all stakeholders on accessibility issues facing
persons with disabilities.
Article 20
Personal mobility72
States Parties to this Convention shall take effective73 measures to ensure
liberty of movement with the greatest possible independence for persons with
disabilities, including:
(a) Facilitating access by persons with disabilities to high-quality mobility
aids, devices, assistive technologies and forms of live assistance and intermediaries,
including by making them available at affordable cost;
(b) 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;
(c) Undertaking and promoting research, development and production of new
mobility aids, devices and assistive technologies;
(d) Providing training in mobility skills to persons with disabilities and to
specialist staff working with persons with disabilities;
(e) Facilitating the freedom of movement of persons with disabilities in the
manner and at the time of their choice, and at affordable cost;
(f) Providing information to persons with disabilities about mobility aids,
devices, assistive technologies and other forms of assistance and services;
(g) Promoting awareness about mobility issues for persons with disabilities.
__________________
72 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).
73 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/WG.1
Article 21
Right to health and rehabilitation74
States Parties recognize that all persons with disabilities have the right to the
enjoyment of the highest attainable standard of health without discrimination on the
basis of disability. States Parties shall strive to ensure no person with a disability is
deprived of that right, and shall take all appropriate measures to ensure access75 for
persons with disabilities to health and rehabilitation services. In particular, States
Parties shall:
(a) Provide persons with disabilities with the same range and standard of
health and rehabilitation services as provided other citizens, including sexual and
reproductive health services;
(b) Strive to provide those health and rehabilitation services needed by
persons with disabilities specifically because of their disabilities;
(c) Endeavour to provide these health and rehabilitation services as close as
possible to people’s own communities;76
(d) Ensure that health and rehabilitation services include the provision of
safe respite places, to use on a voluntary basis, and counselling and support groups,
including those provided by persons with disabilities;
(e) Provide programmes and services to prevent and protect against
secondary disabilities, including among children and the elderly;77
(f) Encourage research and the development, dissemination and application
of new knowledge and technologies that benefit persons with disabilities;78
__________________
74 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 psycho-social
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.
75 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.
76 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.
77 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.
78 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.

A/AC.265/2004/WG.1
(g) Encourage the development of sufficient numbers of health and
rehabilitation professionals, including persons who have disabilities, covering all
disciplines needed to meet the health and rehabilitation needs of persons with
disabilities, and ensure that they have adequate specialized training;
(h) Provide to all health and rehabilitation professionals an appropriate
education and training to increase their disability-sensitive awareness and respect
for the rights, dignity and needs of persons with disabilities, in line with the
principles of this Convention;79
(i) 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;
(j) Ensure that health and rehabilitation services provided to persons with
disabilities, and the sharing of their personal health or rehabilitation information,80
occur only after the person concerned has given their free and informed consent,81
and that health and rehabilitation professionals inform persons with disabilities of
their relevant rights;82
(k) Prevent unwanted medical and related interventions and corrective
surgeries from being imposed on persons with disabilities;83
(l) Protect the privacy of health and rehabilitation information of persons
with disabilities on an equal basis;84
(m) Promote the involvement of persons with disabilities and their
organizations in the formulation of health and rehabilitation legislation and policy as
well as in the planning, delivery and evaluation of health and rehabilitation
services.85
__________________
79 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 person’s life, as opposed to more immediate medical considerations.
80 Privacy issues have been also addressed in draft article 14 on the right to privacy.
81 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.”
82 Some members of the Working Group considered that the subparagraph should spell out the
rights.
83 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).
84 Some members of the Working Group suggested that this subparagraph was redundant and
should be deleted.
85 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.

A/AC.265/2004/WG.1
Article 22
Right to work86,87,88
States Parties recognize the right of persons with disabilities to work, which
includes the opportunity to gain a living by work that they freely choose or accept,
with a view to promoting equal opportunity and treatment of persons with
disabilities, and protecting them from poverty. States Parties shall take appropriate
steps to safeguard and promote the realization of this right, including measures to:
(a) Promote a labour market and work environment that are open, inclusive
and accessible to all persons with disabilities;89
(b) Enable persons with disabilities to have effective access to general
technical and vocational guidance programmes, placement services, assistive
devices, and vocational and continuing training;
(c) Promote90 employment opportunities and career advancement for persons
with disabilities in the open labour market, including opportunities for selfemployment
and starting one’s own business, as well as assistance in finding,
obtaining and maintaining employment;
(d) Encourage employers91 to hire persons with disabilities, such as through
affirmative action programmes, incentives and quotas;92
(e) Ensure the reasonable accommodation of persons with disabilities in the
workplace and work environment;93
(f) Promote the acquisition by persons with disabilities of work experience
in the open labour market;
(g) Promote vocational and professional rehabilitation, job retention and
return-to-work programmes;
__________________
86 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.
87 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.
88 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.
89 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.
90 The Ad Hoc Committee may wish to consider the addition of the phrase “pursue active labour
market policies” at the beginning of this subparagraph.
91 The Ad Hoc Committee may wish to consider the appropriateness of specifying the particular
responsibility of Governments as employers in this context.
92 The Ad Hoc Committee may wish to consider the appropriateness of specifically mentioning
quotas as a possible measure in this draft article.
93 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/WG.1
(h) Protect94 through legislation persons with disabilities with regard to
employment, continuance of employment, career advancement, working conditions,
including equal remuneration for work of equal value and equal opportunities, and
the redressing of grievances,95 and to ensure that persons with disabilities are able to
exercise their labour and trade union rights;
(i) Ensure that persons with disabilities have equal opportunity to
employment in the public sector;
(j) Promote recognition96 of the skills, merits, abilities and contributions of
persons with disabilities to the workplace and the labour market, and to combat
stereotypes and prejudices about persons with disabilities in the workplace and the
labour market.
Article 23
Social security and an adequate standard of living97,98
1. States Parties recognize the right of all persons with disabilities to social
security, including social insurance,99 and to the enjoyment of that right without
discrimination on the basis of disability, and shall take appropriate steps to
safeguard and promote the realization of this right, including measures to:
(a) Ensure access by persons with disabilities to necessary services, devices
and other assistance for disability-related needs;100
(b) Ensure access by persons with disabilities, particularly women and girls
with disabilities and the aged with disabilities, to social security programmes and
poverty-reduction strategies, and to take into account the needs and perspectives of
persons with disabilities in all such programmes and strategies;
__________________
94 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.
95 The Ad Hoc Committee may wish to consider whether the listing of working conditions here
may be inadvertently limiting.
96 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.
97 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.
98 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.
99 The Ad Hoc Committee may wish to consider inclusion of the concept of “social assistance”.
100 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.

A/AC.265/2004/WG.1
(c) Ensure access by persons with severe101 and multiple disabilities, and
their families,102 living in situations of poverty to assistance from the State to cover
disability-related expenses (including adequate training, counselling, financial
assistance and respite care), which should not become a disincentive to develop
themselves;103
(d) Ensure access by persons with disabilities to governmental housing
programmes, including through earmarking percentages of governmental housing104
for persons with disabilities;
(e) Ensure access by persons with disabilities to tax exemptions and tax
benefits in respect of their income;105
(f) Ensure that persons with disabilities are able to access life and health
insurance without discrimination on the basis of disability.106
2. 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,107 and to the continuous improvement
of living conditions, and will undertake appropriate steps to safeguard and promote
the realization of this right.
Article 24
Participation in cultural life, recreation, leisure and sport108
1. States Parties recognize the right of all persons with disabilities to take part in
cultural life, and shall take all appropriate measures to ensure that persons with
disabilities:
__________________
101 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.
102 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.
103 The Ad Hoc Committee may wish to consider whether the provisions of this subparagraph
should apply to persons with disabilities generally.
104 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.
105 Some members of the Working Group expressed the view that this subparagraph was too
prescriptive.
106 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.
107 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”.
108 The Ad Hoc Committee may wish to consider whether and how the concept of accessibility
could be expanded under this draft article.

A/AC.265/2004/WG.1
(a) Have the opportunity to develop and utilize their creative, artistic and
intellectual potential, not only for their own benefit, but also for the enrichment of
their community;
(b) Enjoy access to literature and other cultural materials in all accessible
formats, including in electronic text, sign language and Braille, and in audio and
multimedia formats;
(c) Enjoy access to television programmes, films, theatre and other cultural
activities, in all accessible formats, including captioning and sign language;
(d) Enjoy access to places for cultural performances or services, such as
theatres, museums, cinemas, libraries and the hospitality industry, and, as far as
possible, enjoy access to monuments and sites of national cultural importance.
2. States Parties shall take all appropriate steps to ensure that laws protecting
intellectual property rights do not constitute an unreasonable or discriminatory
barrier to access by persons with disabilities to cultural materials, while respecting
the provisions of international law.
3. Persons who are deaf shall be entitled, on an equal basis with others, to
recognition and support of their specific cultural and linguistic identity.109
4. States Parties recognize the right of persons with disabilities, on an equal basis
with others,110 to participate in recreational, leisure and sporting activities and shall
take appropriate measures to:
(a) Encourage and promote the participation, to the fullest extent possible, of
persons with disabilities in mainstream sporting activities at regional, national and
international levels;111
(b) Ensure that persons with disabilities have an opportunity to organize and
participate in sporting activities and to receive the same instruction, training and
resources in support that is available to other participants;
(c) Ensure that persons with disabilities have access to sporting and
recreational venues, and that children with disabilities have equal access to
participating in sporting activities with the education system;
(d) Ensure that persons with disabilities have access to services from those
involved in the organization of recreational, leisure and sporting activities.
__________________
109 The Ad Hoc Committee may wish to consider whether this provision would be more
appropriately placed under another draft article.
110 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.
111 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/WG.1
Article 25
Monitoring112
National implementation framework113
1. States Parties shall designate a focal point within government for matters
relating to the implementation of the present Convention, and give due consideration
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 framework114 to
promote, protect and monitor implementation of the rights recognized in the present
Convention.
__________________
112 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.
113 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.
114 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.

A/AC.265/2004/WG.1
Annex II
Summary of the discussions held regarding the issue
of international cooperation to be considered by the
Ad Hoc Committee
1. The Working Group held a discussion regarding the role of international
cooperation in the light of an international convention for persons with disabilities.
2. It was recognized that the implementation of the Convention will be primarily
a national responsibility. There was agreement that national compliance with the
provisions of the Convention should not be conditional on receiving international
development aid or assistance.
3. In that regard, several members of the Working Group expressed the view that
international cooperation should be considered as an important means to support
national efforts for the realization of the goals and objectives of the Convention and
facilitate its implementation. In that context, a spirit of international cooperation,
solidarity and partnership among States should be reflected in the Convention.
4. Several members of the Working Group considered that international
cooperation should be analysed in a broad sense, to include elements such as the
exchange of information and best practices, scientific research, training, awarenessraising,
cooperation between organizations of persons with disabilities, the
development of technology, and capacity-building; not interpreting international
cooperation as the transfer of economic resources, economic aid or assistance.
International cooperation should also be carried out in bilateral, regional and other
multilateral forums, including through specialized agencies and financial
institutions.
5. Some members expressed particular concern about creating international
obligations with regard to international cooperation, development aid or assistance
in the context of a binding instrument, although they actively engaged in
international cooperation. Other members considered that the issue should not be
interpreted as imposing obligations beyond any other existing model of international
cooperation.
6. Some members of the Working Group recognized the challenge for the new
century to incorporate the disability dimension in the mainstream of international
cooperation activities and agreements, in order to contribute to the elimination of
discrimination against persons with disabilities. In that regard, while recognizing
that the major responsibility lay with the recipient countries, some delegations were
of the view that both donor and recipient countries shared the responsibility for
determining how development resources were allocated. Other members did not
agree with that statement.
7. Subject to the provisions agreed for the content of the International
Convention during the negotiations that will take place, the Ad Hoc Committee may
wish to consider the issue of international cooperation, taking into account the
various views and specific texts of proposals that have been presented as
contributions to its work.
8. The Ad Hoc Committee may wish to take into account existing provisions on
international cooperation in other international documents and treaties, such as:

A/AC.265/2004/WG.1
(a) International Covenant on Economic, Social and Cultural Rights (articles
2(3), 22 and 23);
(b) Convention on the Rights of the Child (preamble and article 4);
(c) The Standard Rules (rule 22);
(d) General Comment No. 5 of the Committee on Economic, Social and
Cultural Rights;
(e) Environmental treaties; the Convention against Corruption; and the
Ottawa Convention on prohibition of landmines, among others.
9. In terms of placement, the following options were considered:
In the preamble;
Among the General Principles;
In the General Obligations;
As a separate article;
As a separate article, along with a provision either in the General Obligations,
in the preamble or
In the General Principles.
10. Some members suggested that the issue could be included in the purposes of
the Convention; others rejected that idea.
11. Some members considered that the issue should not be dealt with or included
in the Convention. One expressed the view that the matter of international
cooperation should be considered in the General Assembly.
12. The Working Group agreed that the phrasing of any provision regarding
international cooperation should be careful and balanced in order to avoid
misunderstandings with regard to the views mentioned above, and to clarify the
scope of international cooperation in the context of this Convention.