Final text compiled as adopted (CRP.4, plus CRP.4/Add.1, Add.2, Add.4 and Add.5)

 

DRAFT COMPREHENSIVE AND INTEGRAL INTERNATIONAL CONVENTION ON THE PROTECTION AND PROMOTION OF THE RIGHTS AND DIGNITY OF PERSONS WITH DISABILITIES [1]

 

 

The States Parties to this Convention,

 

a) Recalling the principles proclaimed in the Charter of the United Nations which recognise 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) Recognising that the United Nations have, in the Universal Declaration of Human Rights and in the International Covenants on Human Rights 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 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) Recognising the importance of the principles and policy guidelines contained in the Standard Rules on the Equalisation of Opportunities for Persons with Disabilities in influencing the promotion, formulation, and evaluation of the policies, plans, programs and actions at the national, regional and international levels to further equalise opportunities for persons with disabilities,

 

f) Recognising that discrimination against any person on the basis of disability is a violation of the inherent dignity of the human person,

 

g) Recognising the diversity of persons with disabilities,

 

h) Concerned that, despite the efforts and actions undertaken by Governments, bodies and relevant organisations, 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,

 

i) Emphasising the importance of international cooperation [3] to promote the full enjoyment of human rights and fundamental freedoms of persons with disabilities, [4]

 

j) Emphasising 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) Recognising 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 programs, 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) Emphasising 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) Recognising the importance of accessibility to the physical, social and economic environment and to information and communication, including information and communications 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 participation in the civil, political, economical, social and cultural spheres with equal opportunities, in both developing and developed countries,

 

 

Hereby agree as follows:

 

 

Draft Article 1

PURPOSE

 

The purpose [7] 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]

 

 

Draft 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.

 

 

Draft Article 3

DEFINITIONS [9]

 

“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]

 

“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]

 

 

Draft Article 4

GENERAL OBLIGATIONS [18] ^{, [19]}

1.                            States Parties undertake to ensure the full realisation of all human rights and fundamental freedoms for all individuals within their jurisdiction [20] without 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 realisation 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, organisation or private enterprise;

(f)           to promote [21] 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 organisations. 

 

 

Draft 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;

 

(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 organisations in all measures taken to give effect to the obligations contained in this article.

 

 

Draft Article 6

STATISTICS AND DATA COLLECTION [23]

 

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 unauthorised 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 organisations 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 programs, education, housing and employment;

 

(f)     adhere to established ethics regarding respect for anonymity and confidentiality in the collection of statistics and data.

 

 

Draft Article 7

EQUALITY AND NON-DISCRIMINATION

 

1.                            States Parties recognise 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, indirect [24] and systemic, and shall also include discrimination based on an actual or perceived [25] 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 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 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 measures [28] 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]

 

Draft Article 8

RIGHT TO LIFE [30]

 

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]

 

 

Draft Article 9

EQUAL RECOGNITION AS A PERSON BEFORE THE LAW

 

States Parties shall:

 

(a)                         recognise 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, mortgage and other forms of financial credit;

 

(f)                           ensure that persons with disabilities are not arbitrarily deprived of their property.

 

 

Draft 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;

 

(b) are not deprived of their liberty [35] unlawfully [36] 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.

 

 

Draft 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 interventions or forced institutionalisation aimed at correcting, improving, or alleviating any actual or perceived impairment. [38]

 

 

 

 

 

 

Draft Article 12

FREEDOM FROM VIOLENCE AND ABUSE

 

1.                            States Parties recognise 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 institutionalisation 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 measures [39] 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. 

 

 

Draft 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 Braille, sign language, [40] and other modes of communication [41]   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 formats [42] 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)                           encouraging [44] 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.

 

 

 

Draft 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, correspondence [45] and medical records of persons with disabilities and their choice to take decisions on personal matters.

 

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 children [47] on an equal basis with other persons [48] 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.

 

 

Draft Article 15

LIVING INDEPENDENTLY [51] AND BEING INCLUDED IN THE COMMUNITY

 

1.                            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.

 

Draft Article 16

CHILDREN WITH DISABILITIES [54]

 

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 recognise 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.

3.     States Parties recognise 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.     Recognising 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. 

 

Draft Article 17

EDUCATION [55]

1.                            States Parties recognise 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 children [56] 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) take into account the best interests of the child, in particular by individualising education plans;

2.                            In realising 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 pre‑school education); [58]

(b) the provision of required support, including the specialised training of teachers, [59] school counsellors and psychologists, an accessible curriculum, accessible teaching medium and technologies, alternative and augmentative communication modes, alternative learning strategies, accessible physical environment, or other reasonable accommodations to ensure the full participation of students with disabilities;

(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 learning [60] 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 to allow children with disabilities to participate in the general education system to the maximum extent possible; [62]

(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.

 

 

Draft Article 18

PARTICIPATION IN POLITICAL AND PUBLIC LIFE

States Parties recognise 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 organisations of persons with disabilities to represent persons with disabilities at national, regional and local levels;

 

(c)                         to ensure that persons with disabilities and their organisations participate, on an equal basis to others, in all decision-making processes, in particular those concerning issues relating to persons with disabilities. [65]  

 

 

Draft Article 19

ACCESSIBILITY

 

1.                            States Parties to this Convention shall take appropriate [66] measures to identify and eliminate obstacles, and to ensure accessibility for persons with disabilities to the built [67] 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 public [69] buildings, roads and other facilities for public use, including schools, housing, medical facilities, in‑door and out-door 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 to read and understand forms;

(b) provide other forms of live assistance [70] and intermediaries, [71] including guides, readers and sign language interpreters, to facilitate accessibility to public buildings and facilities;

(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 organisations 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.

 

Draft Article 20

PERSONAL MOBILITY [72]

 

States Parties to this Convention shall take effective [73] 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.

 

 

Draft Article 21

RIGHT TO HEALTH AND REHABILITATION [74]

 

States Parties recognise 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 access [75] 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 programs and services to prevent and protect against secondary disabilities, including amongst 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]

 

(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 they have adequate specialised training;

 

(h)                   provide 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 healthcare, that 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 formulating of health and rehabilitation legislation and policy as well as in the planning, delivery and evaluation of health and rehabilitation services. [85]

 

 

Draft Article 22

RIGHT TO WORK [86] ^, [87] ^, [88]

 

States Parties recognise 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 realisation 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 programs, placement services, assistive devices, and vocational and continuing training;

 

(c)          promote [90] employment opportunities and career advancement for persons with disabilities in the open labour market, including opportunities for self‑employment and starting one’s own business, as well as assistance in finding, obtaining and maintaining employment;

 

(d) encourage employers [91] to hire persons with disabilities, such as through affirmative action programs, 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 programs;

 

(h)          protect [94] 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 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 recognition [96] 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.

 

 

Draft Article 23

SOCIAL SECURITY AND AN ADEQUATE STANDARD OF LIVING [97] ^{, [98]}

 

1.     States Parties recognise 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 realisation 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;

 

(c)          ensure access by persons with severe [101] 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 programs, including through earmarking percentages of governmental housing [104] 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 recognise 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 realisation of this right.

 

 

Draft Article 24

PARTICIPATION IN CULTURAL LIFE, RECREATION, LEISURE AND SPORT [108]

 

1.     States Parties recognise 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:

 

(a)          have the opportunity to develop and utilise 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 multi‑media 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 recognise 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 organise 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 organisation of recreational, leisure and sporting activities.

 

 

Draft Article 25

MONITORING [112]

 

National Implementation Framework [113]

 

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 framework [114] to promote, protect and monitor implementation of the rights recognised in the present Convention.