Working Group Reports

Note: Some of these reports are not easy to read using screen reader software. If you have difficulty reading these, please refer to the Revised Bangkok Draft for the accessible consolidation of these group reports.

Group 1 (Also available in Word format)
Group 2 (Also available in Word format)
Group 3 (Also available in Word format)
Group 4 (Also available in Word format)

GROUP 1

Asia/Pacific Regional Workshop towards a Comprehensive and Integral Convention on Protection and Promotion of the Rights and Dignity of Persons with Disability

Working Group 1 - Preamble, Definitions, General Obligations of State Parties - Report

1. The Working Group comprised 10 government, non-government, and independent experts, drawn from across the Asia Pacific region, assisted by 4 expert resource persons.

2. The Working Group appointed Anuradha Mohit as Facilitator, and Phillip French as Rapporteur.

3. The group adopted the following agenda for work:

A. Preamble
B. General Objectives
C. Definitions
D. General Obligations of State Parties
E. Other Issues

4. Apart from issues arising from Working Group 1's own deliberations, other Working Groups also referred a number of issues for consideration. Those issues were:

Proposed article 37
An approach to the issue of limited capacity
An approach to defining informed consent, and capacity to consent
Incorporation of the concepts of least restrictive alternative and most integrated setting.

5. The following documents were also tabled and considered by the Working Group:

A position paper prepared by the World Network of Users and Survivors of Psychiatry.
A position paper prepared by the delegation from China.
A position paper prepared by the delegation from Japan.
A position paper prepared by the International Labour Organisation.

A. PREAMBLE

General Recommendations about Principles and Priorities

6. The role of the Preamble in interpreting the Convention, as provided in the Vienna Convention, was noted. In light of this it was agreed that the Preamble ought to provide a short and compelling statement of the purpose and objectives (or "value statement"), addressed to the policy contexts in which the Convention is being developed and will operate. It was noted that a clear expression of purpose and objectives, and policy context, will also be an influencing factor in terms of State party support for the Convention.

7. The relationship of the Convention once developed and ratified, to earlier formulations of the rights and needs of people with disability, including the Standard Rules for the Equalisation of Opportunities for Persons with Disabilities was discussed. It was agreed that the Convention should be seen to have evolved from, but to supercede, all previous formulations. Interpretative and implementation guidelines, perhaps in the form of Standard Rules, might be developed pursuant to the provisions of the Convention where greater specificity is required. These would be derivative from, rather then super-ordinate to, the Convention. It was further agreed that until the Convention is in place, the twin track approach to promoting the human rights of people with disability - based on the implementation of the Standard Rules and the development of the Convention - recommended by the former Rapporteur on disability should continue.

8. The relationship of the Convention to other human rights treaties was also discussed as a critical issue for clarification in the Preamble. It was agreed that the following issues ought to be stressed - the universality, indivisibility, and complementarity of human rights principles and their full application to people with disability, notwithstanding the development of this Convention; the crucial role of this Convention in articulating the specific human rights protections required by people with disability. It was also suggested that interpretive provisions be included:

stating explicitly that this Convention does not derogate from any human rights standard provided in other instrument, and that
where there is any ambiguity between a provision of a general human rights treaty and the Convention on disability, the reading most beneficial in terms of the protection of the human rights of people with disability will apply.

9. It was agreed that the Preamble ought also to refer to the potential and actual contribution made by people with disability to the economic, social and cultural well-being and diversity of the community.

10. It was agreed that the Preamble should include a statement about the critical importance of the inclusion of people with disability as the basis for policy and program development, and the economic and financial advantages of inclusion over exclusion.

Text Recommendations

11. The following text recommendations were proposed in addition to current text:

A clause referring to the profound social disadvantage of people with disability, particularly in the developing world, and particularly affecting specific population groups such as women, children, Indigenous persons, and ethnic minorities. (This might be included in current paragraph 3)
A clause referring to the crucial role of human rights as a framework for the elimination of disadvantage and for international cooperation on disability and development.
A clause setting out the relationship of this Convention to earlier policy measures on disability and human rights (as discussed at paragraph 5 above). This could be refined on the basis of current paragraphs 5-7 of the Preamble.
A clause setting out the relationship of this Convention to other human rights treaties (as discussed at paragraph 6 above). This could be elaborated in current paragraph 1 of the Preamble.
A clause setting out the important contribution and potential of people with disability to the economic, social and cultural well-being and diversity of the community ("human family").
A clause setting out the critical importance of inclusion as the basis for policy and program development and its economic and financial advantages over exclusion.

B. GENERAL OBLIGATIONS

Article 1:

General Recommendations about Principles and Priorities

12. Concern was expressed that reference to "social" in paragraph 2(b) may exclude recognition of other domains. It was therefore agreed that it ought to be deleted.

13. It was agreed that there should be an over-riding reference to issue of gender in general obligations.

14. It was agreed that there should be an over-riding reference in general obligations to the requirement that the Convention apply irrespective of the "origin, nature and degree" of a person's disability.

The group was not able to complete discussion of this Article.

Text Recommendations

15. It was agreed that the following text amendments would be made:

The word "social" should be deleted from paragraph 2(b).
A paragraph (d) ought to be inserted referring to the principle of "equality of women and men, girls and boys."
Discussion of text amendments to Article 1 remains incomplete

C. DEFINITIONS

Definition of Disability

General Recommendations about Principles and Priorities

16. The Group discussed the desirability and relevance of a definition of 'disability' noting that disability is understood differently across national and cultural contexts. The continually evolving understanding of disability as a 'category' of persons, and in terms of the interaction between impairment and social environment was also noted. It was recognized that there is significant support in some quarters for the view that a definition of disability is too problematic to be attempted. However, it was agreed that a definition of disability is:

Crucial to delineating that class of persons whose human rights are to be protected by this convention at the 'applied' level, and
Itself a consciousness raising and protective measure in terms of highly stigmatized population groups of people with disability, who are not perceived as being persons with disability in some national and cultural contexts

17. The distributive impact of a definition of disability was discussed at length. Concern was expressed that a broad definition of disability may undermine targeting of assistance to high priority population groups within traditionally recognized categories of persons with disability. However, in relation to this point, it was noted that:

There is a distinction to be drawn between broad eligibility for rights protection that might be provided for in a broad definition of disability, and the targeting of social assistance to specific categories of persons covered by the convention.
There are many implementation contexts for this convention, spanning the public and private spheres. Implementation of this convention will not just relate to specific new programs of social assistance by State parties, but also, for example, to the terms and conditions upon which goods and services are developed and provided by the private sector, and to existing State and intergovernmental investments (cf in the area of HIV and Hepatitis prevention). A narrow definition of disability may therefore undermine the potential reach and benefit of the convention.

18. The group noted, particularly in the context of HIV/AIDS and Hepatitis - two critical regional issues - that human rights protection is crucial to the efficacy of public health prevention and management strategies. In the absence of such protection persons affected are unlikely to seek diagnosis and treatment due to the discriminatory and stigmatizing impact detection would have.

19. The critical importance of a definition based in a social understanding of disability, rather than in terms of bio-medical pathology was discussed and agreed. However, it was also noted that care must be taken not to adopt a definition of disability that failed to recognize the reality of impairment - not all elements of disability are socially constructed - as this might lead, at the applied level, to a failure to provide for specific impairment based supports and adjustments.

20. The proposed definition of disability contained in the Bangkok draft was discussed at length, and the following issues identified as problematic:

The categories of impairment stated were exclusive of a number of a number of population groups of people with disability. This included population groups traditionally understood as being persons with disability (eg people with epilepsy, and Autism Spectrum Disorders), as well as other population groups now recognized in some national contexts as being persons with disability (eg people with HIV and Hepatitis).
The requirement that an impairment 'last[] for a significant period of time' is exclusive of a number of impairment types, including some neurological and psychiatric conditions, that are episodic in nature.
The requirement that the impairment 'limits a person's capacity to perform one or more essential activities of daily life' is potentially too restrictive a definitional element. It was noted that this phrase, apparently drawn from the US and UK definitions of disability in an anti-discrimination context, may lead to significant conceptual and interpretative problems at the applied level, as has been seen in the US and UK Courts (albeit with respect to a different element of this formulation not present in the Bangkok draft ('substantial limitation'). The undesirability of defining disability in terms of a 'limitation', where many of the limitations experienced by people with disability arise from the social environment was also noted.
Paragraph (b) is better conceptualized as an element of discrimination, rather than as an element of disability.

21. At the conclusion of the discussion, it was agreed that a broad, inclusive and flexible (to accommodate evolving understandings) definition of disability should be included in the convention.

Text Recommendations

22. The following text recommendations were proposed:

Inclusion of the terms "developmental,' 'learning,' 'neurological' and 'presence in the body of an organism or agent causing malfunction or disease' among the categories of impairment.
Amendment of the definition to eliminate the issues set out at paragraph 12.

23. Based upon this discussion, Professor Byrne developed two alternative definitions of disability for consideration. These alternative definitions are set out below. The group has not yet had the opportunity to discuss these definitions.

Proposal A

"Disability" is/comprises a dynamic interaction between the medical or health condition of a person and the social, economic and physical environment, and involves the limitation of the person's opportunities to participate in one or more life activities, which results from [or is aggravated by] the interaction between the environment and the person's physical, sensory, intellectual, psychological, developmental or other impairment."

Proposal B

"Disability" is/comprises a dynamic interaction between a person's physical, sensory, intellectual, psychological and developmental or other impairment and the social, economic and physical environment, which results in the limitation of a person's opportunities to participate in one or more life activities."

In proposing these alternative definitions Professor Byrne noted that following conceptual challenge. A definition of disability as above overlaps with the definition of discrimination which sees "disability" as a static, "objective" characteristic which is used as a basis of unjustifiable differential treatment which involves the limitation or exclusion which is part of the concept of disability!

Definition of Discrimination

General Recommendations about Principles and Priorities

24. The definition of 'discrimination' was discussed. The basic structure of the definition contained in the Bangkok draft was supported, subject to the proposals for text revision set out following.

25. The distinction drawn by some Courts between an impairment and the characteristics (results) of that impairment (eg brain injury and adaptive behaviour) was noted, and its was agreed that discrimination on the ground of disability must also include discrimination on the basis of the characteristics of that disability.

26. As noted above, it was agreed that paragraph (b) of the proposed definition of disability would be included instead as an element of the definition of discrimination. It was agreed that the protection against discrimination should be extended to ensure that it applies whether or not the discriminator knew of the person's disability at the time the discrimination occurred.

27. The importance of recognizing sign language as a fundamental human right in the definition of discrimination was noted.

28. For reasons discussed later in this paper, "adjustment" or "adaptation" was considered as an alternative to reasonable "accommodation."

29. The importance of stating that discrimination occurs regardless of the "origin," "nature," or "nature" of disability was agreed.

30. The need to include a statement that discrimination includes the failure to provide assistance and services etc in the environment that involves the least restriction of the person and with the greatest possible integration (inclusion) was discussed. It was agreed that this obligation would not be expressed to override the human right of deaf, blind and deafblind children to specific education environments based on their linguistic and communication needs.

Text recommendations

31. The following text recommendations were proposed:

Paragraph b of the current definition of disability is to be included in the definition of discrimination. To this paragraph is to be added a statement that discrimination occurs whether or not the discriminator knew of the person's impairment at the time the discrimination occurred.
The addition of a new paragraph stating that the failure to provide assistance in the most integrative, least restrictive manner possible amounts to discrimination. This is to be expressed subject to the rights of blind, deaf and deafblind children to specific education environments based on their linguistic and communication needs.
The addition of a new paragraph stating that discrimination occurs regardless of the "origin," "nature," or "degree" of the person's disability.
The addition of a new paragraph to the effect that discrimination on the ground of disability includes discrimination on the basis of the characteristic(s) of impairment.
The term "reasonable accommodation" is to be changed to "reasonable adjustment" or "reasonable adaptation."
An additional field - namely "linguistic" is to be added to the fields set out in paragraph 2(b).

Definition of reasonable accommodation

General Recommendations about Principles and Priorities

32. The proposed definition of "reasonable accommodation" was discussed, and some minor word changes proposed to achieve increased emphasis.

33. Additionally, it was agreed that it was undesirable to include reference to a comparator, as there sometimes is no real comparator, and this approach can otherwise lead to confusion and circularity at the applied level.

34. The potentially 'patronising' connotation of the word "accommodation," at least in an English language context was noted. It was agreed that the larger group's reaction to a proposal to use the word "adjustment" or "adaptation" would be sought.

Text recommendation

35. It was agreed that the following revised definition of "reasonable adjustment" would be proposed:

"reasonable adjustment" means the taking of necessary and appropriate measures to enable a person with disability to fully enjoy fundamental rights and freedoms including obtaining access to goods, services, facilities, premises and equipment."

Definition of Language

General Recommendations about Principles and Priorities

36. It was agreed that a definition of "language" was required in the Convention, so that it was clear what this term meant when used elsewhere in the text. It was agreed that the definition of language must include deaf and deafblind sign language, as well as communication using Braille, or utilising an augmentative or assistive technique or device.

37. It was noted that language is the means whereby we communicate, express ourselves, think, understand, what we see/hear. It is a necessary tool for persons to lead meaningful social lives as human beings. Language is a valuable cultural and intellectual heritage, which has formed across the history of humanity. Natural languages include not only oral-aural language, but also sign languages as well. Just as oral-aural language s differ depending on country, ethnicity, or group, so also sign languages differ depending on country, ethnicity, or group.

Text proposal

38. It was agreed that the following definition of language would be proposed:

"Language" includes deaf and deafblind sign languages, as well as communication in Braille, or utilising an augmentative or assistive technique or device."

Definition of Accessibility

General Recommendations about Principles and Priorities

39. It was agreed that a definition of accessibility was required in the Convention. It was agreed that this definition would be based on the proposed definition put forward by the Forum on Women and Disability, incorporating issues from the Manilla declaration.

Text proposal

40. It was agreed that the definition of accessibility would incorporate the following elements:

From the Women's Forum - "The term "access" is not an act or state, but a liberty to enter, to approach, to communicate with, to pass to or from, or make use of physical, environmental and societal structures, systems and processes regardless of type and degree of disability, gender or age."

Definition of Equality of Opportunity

General Recommendations about Principles and Priorities

41. It was agreed that a definition of "equality" was required in the Convention. The definition of contained in the Delhi declaration and the UN Standard Rules were identified as a starting point.

Text proposal

42. It was recommended that a definition of equality be developed based on the following precedents:

Delhi Declaration

"Equality of opportunity requires that any relevant restrictions or limitations caused directly or indirectly by disability should be remedied by appropriate modifications, adjustments or assistance; require affirmative action, reasonable accommodation or 'special measures' to provide barrier free access in all spheres for full participation and to provide enabling environments, where necessary, in order to achieve equality of opportunity and treatment.

UN Standard Rules

"the needs of each an every individual are of equal importance, that those needs must be made the basis for planning of societies and that all resources must be employed in such a way as to ensure that every individual has equal opportunities to participate.

D. GENERAL OBLIGATIONS OF STATE PARTIES

Article 3

General Recommendations about Principles and Priorities

43. It was noted that there ought to be a strong general statement prohibiting discrimination, as well as a statement prohibiting discrimination in relation to the articles contained in the Convention.

44. There was discussion of the application of the principle of progressive realization in the area of civil and political rights in light of article 13. It was agreed by majority to delete the reference to Part III of the proposed convention in paragraph 3(3)

Text Proposal

45. The following text recommendations were proposed:

Article 3(1) is to be amended to form to 2 sub-sections, one providing a general prohibition of discrimination, and the other prohibiting discrimination in relation to those rights set out in the Convention.
Delete reference to "Part III" of the Convention in Article 3(3)

The group had not finalised discussion of this item at the time this Report was produced.

The group was unable to reach other matters in its discussions.

Issues raised in relation to other items included:

The need to include a reference to the particular circumstances of indigenous peoples, ethnic minorities, children and young people, people with severe and profound disability, and people living in rural and remote communities (current Article 37) in Part 1.

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GROUP 2

Regional Workshop towards a Comprehensive and Integral International Convention on Protection and Promotion of the Rights and Dignity of Persons with Disabilities, 14-17 October 2003, Bangkok, Thailand

REPORT OF WORKING GROUP 2 – CIVIL AND POLITICAL RIGHTS

GENERAL PRINCIPLES

1. Recital at length of the rights contained in the ICCPR makes for a lengthy document without significant elaboration on some points of how these rights apply to people with disabilities.

Working Group 2 therefore recommends a more concise drafting approach modeled on Article 5 of the Convention on the Elimination of All Forms of Racial Discrimination (CERD). This approach simply lists the rights to be respected and ensured rather than setting out the content of those rights in detail. This would then allow the Convention to focus on specific issues relating to the implementation of these rights and their application to people with disabilities. If such an approach is adopted it would also apply to the economic, social and cultural rights section of the draft Convention.

2. It is recognized that civil, political, economic, social and cultural rights are interdependent and indivisible. Working Group 2 therefore recommends that the separate sections/headings in the draft Convention relating to (i) civil and political rights and (ii) economic, social and cultural rights be deleted and that the two sections be merged.

3. The Working Group recommended that an appropriate definition of ‘informed consent’ might usefully be dealt with in the definition section of the Convention.

4. The ordering of the articles should be reviewed in order of their importance.

5. There is a need to stress pro-active obligations on State Parties to not only observe non-discrimination but to also take active steps to ensure equality of opportunity. This should be dealt with in Part 1 of the draft.

6. Wherever ‘his’ is used in the draft document it should be replaced by both ‘his or hers’.

7. As much as possible and appropriate, Working Group 2 would recommend that previously agreed text in international instruments such as Conventions, Standard Rules, Declarations, Principles etc, be utilized so as to aid in the adoption of the draft Convention.

SPECIFIC TEXT RECOMMENDATIONS

In line with point 1 above, Working Group 2 would recommend the incorporation of a new operative article based on article 5 of CERD. A draft formulation is set out below.

NEW ARTICLE

In compliance with the fundamental obligations laid down in article ___ of this Convention, State Parties undertake to respect the following rights:

(a) The right to life (as recognized in article 6, ICCPR)

(b) The right to be free from torture or cruel, inhuman or degrading treatment or punishment (as recognized in article 7, ICCPR)

(d) The right to be free from slavery, servitude and forced or compulsory labour (as recognized in article 8, ICCPR)

(e) The right to liberty and security of the person (as recognized in article 9, ICCPR)

(f) The right of detainees to be treated humanely (as recognized in article 10, ICCPR)

(g) The right to liberty of movement (as recognized in article 12, ICCPR)

(h) The right to recognition as a person before the law (as recognized in article 16, ICCPR)

(i) The rights before the courts and tribunals (as recognized in articles 14 & 15, ICCPR)

(j) The right to respect for privacy, home and family before the courts and tribunals (as recognized in article 17, ICCPR)

(k) The right to freedom of thought, conscience and religion (as recognized in article 18, ICCPR)

(l) The right to freedom of opinion and expression and the right of access to information (as recognized in article 19, ICCPR)

(m) The right to freedom of assembly (as recognized in article 21, ICCPR)

(n) The right to freedom of association (as recognized in article 22, ICCPR and article 9, ICESCR)

(o) The right to protection of the family and the right to marry (as recognized in article 23, ICCPR and article 10, ICESCR)

(p) The rights of the child (as recognized in article 24, ICCPR and article 23, CRC)

(q) The right to participate in political and public life (as recognized in article 25, ICCPR and article 7, CEDAW)

(r) The rights to participate in public life at the international level (as recognized in article 8, CEDAW)

(s) The right to equality before the law and equal protection of the law (as recognized in article 26, ICCPR)

(t) The rights of minorities (as recognized in article 27, ICCPR and article 30, CRC), and

(u) The right to own and administer property (as recognized in article 17, UDHR and article 13, CEDAW).

For the purposes of the draft Convention on disability, each of the above rights derived from the pre-existing instruments then provides the ‘headline’ right for specific articles, without the need for the full recital of the text from the relevant ‘parent’ instrument. The following suggested text therefore focuses on how the above rights specifically apply to people with disabilities.

Article 6 - Right to life

Every ~~human being~~ person with disabilities has the inherent right to life and survival. This right shall be protected by law. No one shall be arbitrarily deprived of his or her life.

Article 7 - Right to be free from torture or cruel, inhuman or degrading treatment or punishment

1. No ~~one~~ person with disabilities shall be subjected to torture or cruel, inhuman or degrading treatment or punishment. In particular, no one shall be subjected without his or her free consent to medical or scientific experimentation [or intervention].

2. Where any person with disabilities is unable to give free and informed consent, no intervention shall occur unless a form of consent is given on their behalf by a duly authorized authority.

[NOTE – (i) “informed consent” needs to be defined in Part 1 of the draft Convention; (ii) the Working Group accepted the above draft with the reservation that that it needs further consideration and definition with regard to “duly authorized authority”; and (iii) WNUSP do not agree with compulsory intervention on the grounds of psychiatric disorder, believing that compulsory intervention is a violation of human rights].

Article 8 - Right to integrity of the person

1. Every person with disabilities has the right to liberty and security of person.

2. Persons with disabilities shall be entitled to effective protection by the State against violence, physical injury, threats and intimidation, whether by public officials or by private individuals, groups or institutions.

3. States Parties shall take all appropriate legislative, administrative, social and educational measures to protect ~~the child~~ persons with disabilities, in particular, women and children with disabilities, from all forms of physical or mental violence, injury or abuse, neglect or negligent treatment, maltreatment or exploitation, including sexual abuse.~~, while in the care of parent(s), legal guardian(s) or any other person who has the care of the child.~~

Article 9 - Right to be free from slavery, servitude, and forced or compulsory labour

~~1. No one shall be held in slavery; slavery and the slave-trade in all their forms shall be prohibited.~~

~~2. No one shall be held in servitude.~~

~~3. (a) No one shall be required to perform forced or compulsory labour;~~

(b) Paragraph 3(a) shall not be held to preclude, in countries where imprisonment with hard labour may be imposed as a punishment for a crime, the performance of hard labour in pursuance of a sentence to such punishment by a competent court;

~~(c) For the purpose of this paragraph, the term “forced or compulsory labour” shall not include:~~

(i) Any work or service, not referred to in sub-paragraph (b), normally required of a person who is under detention in consequence of a lawful order of a court, or of a person during conditional release from such detention;

~~(ii) Any service of a military character and, in countries where conscientious objection is recognized, any national service required by law of conscientious objectors;~~

~~(iii) Any service exacted in cases of emergency or calamity threatening the life or well-being of the community;~~

~~(iv) Any work or service which forms part of normal civil obligations.~~

[NOTE – the issue of compulsory labour and sheltered workshops has been refereed to Working Group 3 for consideration under the topic of the Right to Work and Just and Favourable Conditions of Work].

Article 10 - Right to liberty and security of the person

1. Everyone has the right to liberty and security of person. No one shall be subjected to arbitrary arrest or detention. No one shall be deprived of his liberty except on such grounds and in accordance with such procedure as are established by law.

~~2. Anyone who is arrested shall be informed, at the time of arrest, of the reasons for his arrest and shall be promptly informed of any charges against him.~~

3. Anyone arrested or detained on a criminal charge shall be brought promptly before a judge or other officer authorized by law to exercise judicial power and shall be entitled to trial within a reasonable time or to release. It shall not be the general rule that persons awaiting trial shall be detained in custody, but release may be subject to guarantees to appear for trial, at any other stage of the judicial proceedings, and, should occasion arise, for execution of the judgment.

4. Anyone who is deprived of his liberty by arrest or detention shall be entitled to take proceedings before a court, in order that that court may decide without delay on the lawfulness of his detention and order his release if the detention is not lawful.

~~5. No person shall be detained, interned or confined involuntarily on account of actual or perceived disability.~~

~~6. Anyone who has been the victim of unlawful arrest or detention shall have an enforceable right to compensation.~~

Article10 - Rights before the law

1. Every person with disabilities has the right to liberty and security of person.

2. No person with disabilities shall be detained, imprisoned or otherwise confined without their consent solely on account of their actual disability, unless such detention or confinement is authorised by a law which provides for detention or confinement of any person in the prevailing circumstances.

3. Every person with disabilities shall have the right of recognition before the law with full legal capacity until the contrary is proven.

4. In any matter before the law, including where a person is arrested, subject to criminal charge or is a participant in a civil legal matter:

(a) the person with disabilities shall have the same rights as, and equal rights with, any other citizen of the State Party and

(b) at all times the person with disabilities shall be entitled to support and to receive communication in a form which enables the person with disabilities to understand and participate in the matter.

[NOTE – (i) this is a new article which combines aspects of the previous draft articles 10, 14, 15, 16 and 26; (ii) subsection 2 needs further consideration of text re: public health grounds and (iii) additional text to be incorporated from DPI Japan].

Article 11 - Right of detainees to be treated humanely

~~1. All persons deprived of their liberty shall be treated with humanity and with respect for the inherent dignity of the human person.~~

2. (a) Accused persons shall, save in exceptional circumstances, be segregated from convicted persons and shall be subject to separate treatment appropriate to their status as unconvicted persons;

~~(b) Accused juvenile persons shall be separated from adults and brought as speedily as possible for adjudication.~~

3. The penitentiary system shall comprise treatment of prisoners the essential aim of which shall be their reformation and social rehabilitation. Juvenile offenders shall be segregated from adults and be accorded treatment appropriate to their age and legal status.

[NOTE – There is a need for further consideration of issues such as the physical and information access for PWDs and access to necessary treatment, facilities and supportive services – e.g. see WNUSP suggested text.]

Article 12 - Liberty of movement

~~1. Everyone lawfully within the territory of a State shall, within that territory, have the right to liberty of movement and freedom to choose his residence.~~

~~2. Everyone shall be free to leave any country, including his own.~~

3. The above-mentioned rights shall not be subject to any restrictions except those which are provided by law, are necessary to protect national security, public order (ordre public), public health or morals or the rights and freedoms of others, and are consistent with the other rights recognized in this Convention.

~~4. No one shall be arbitrarily deprived of the right to enter his own country.~~

[NOTE – There is a need for further consideration of the application of non-discrimination and equal opportunity for PWD’s with regard to immigration and asylum.]

Article 13 - Right of access

1. Every person has the right of access to the built environment, in particular the right to access public buildings and buildings used for public purposes, to accessible pedestrian environments, streets and other outdoor environments, and to accessible housing.

~~2. Every person has the right to access public transport services and other transport services.~~

3. States Parties shall adopt measures to remove obstacles to participation in the physical environment. In particular, States Parties should ensure that architects, construction engineers and others who are professionally involved in the design and construction of the physical environment have access to adequate information on disability policy and measures to achieve accessibility.

1. State Parties recognize the right of a person with disabilities to access the physical environment, public and private sector services, employment and information and communication in all its formats, and shall take progressive measures, including through the development of detailed national standards, to ensure their freedom, independence and full participation in all aspects of life, especially to:

(a) Public buildings, roads and facilities for public usage;

(b) Public transportation facilities and services;

(c) Public housing and facilities, or those built or renovated with public funds. Private sectors shall be encouraged to take accessibility into consideration when they build or renovate housing or facilities;

(d) Public and private sector services, particularly health and education services;

(e) Employment and workplaces;

(f) Information and communication services including, for example, telecommunications, electronic banking and the mass media;

2. State Parties should encourage the research, development and promotion of new technologies to assist in the promotion of persons with disabilities in all aspects of life.

~~NOTE – does communication in all its formats adequately deal with other forms of communication? (eg sign language and Braille) Alternative text from the WFD follows:~~

States Parties should take measures to improve the linguistic environment hindering and limiting participation. States should take legal, political, administrative actions to ensure that Sign Language is recognized as one of the languages of the country. Each State should, with the participation of Sign Language users, develop a standard Sign Language of the country, train Sign Language interpreters, in order to fully guarantee communication for all people. All audio information on television, movie and other video media should be captioned or interpreted into Sign Language to enable all to access the information.

Article 13(A) - Right to Mobility

1. Persons with disabilities have the right to mobility using various appropriate modes.

2. States Parties should take all appropriate legislative and administrative measures to promote the right of mobility.

[NOTE – this is a new article. Text needs further consideration and development.]

Article 14 – Freedom of opinion and expression and the right to access to information and communication

1. The freedom of expression of persons with disabilities includes the right to communicate in a language or form of communication which they consider appropriate (including sign language, braille or other communication modes), to have that mode of communication officially recognized, and to receive information and services in alternative communication modes from government, public authorities and other institutions or persons providing essential services.

2. The right to receive information includes the right to provision, in a timely manner and without additional cost, of all information in the public domain in formats that are accessible to all persons with disabilities (in particular those who are blind or partially sighted).

3. State Parties should provide all necessary support to enable the full realization of this right.

[NOTE – this is a new article taken from former draft article 19. Working Group 2 understands that issues of language and accessible communication will also be dealt with in the definitions section of Part 1 and in Working Group 3.]

Article 14 - Right to recognition as a person before the law

~~1. Everyone shall have the right to recognition everywhere as a person before the law, with full legal capacity.~~

2. Where, in exceptional cases, a person with a disability is not able to exercise his or her full legal capacity and legal representation for that person is required, this should be bound by clear safeguards in order to protect the rights of the person and should be periodically reviewed by judicial authorities to verify the need for the representation and the proper exercise of the function.

[NOTE – see draft text provided by DPI Japan for consideration.]

Article 15 - Rights before the courts and tribunals

~~1. All persons shall be equal before the courts and tribunals. This includes the right to be called as a witness and to give evidence in legal proceedings.~~

2. In the determination of any criminal charge against a person, or of a person's rights and obligations in a suit at law, everyone shall be entitled to a fair and public hearing by a competent, independent and impartial tribunal established by law. The press and the public may be excluded from all or part of a trial for reasons of morals, public order (ordre public) or national security in a democratic society, or when the interest of the private lives of the parties so requires, or to the extent strictly necessary in the opinion of the court in special circumstances where publicity would prejudice the interests of justice; but any judgement rendered in a criminal case or in a suit at law shall be made public except where the interest of juvenile persons otherwise requires or the proceedings concern matrimonial disputes or the guardianship of children.

~~3. Everyone charged with a criminal offence shall have the right to be presumed innocent until proved guilty according to law.~~

~~4. In the determination of any criminal charge against him or her, everyone shall be entitled to the following minimum guarantees, in full equality:~~

~~(a) To be informed promptly and in detail in a language which he or she understands of the nature and cause of the charge against him;~~

~~(b) To have adequate time and facilities for the preparation of his or her defence and to communicate with counsel of his or her own choosing;~~

~~(c) To be tried without undue delay;~~

(d) To be tried in his or her presence, and to defend himself or herself in person or through legal assistance of his or her own choosing; to be informed, if he or she does not have legal assistance, of this right; and to have legal assistance assigned to him, in any case where the interests of justice so require, and without payment by him in any such case if he does not have sufficient means to pay for it;

~~(e) To examine, or have examined, the witnesses against him and to obtain the attendance and examination of witnesses on his behalf under the same conditions as witnesses against him;~~

~~(f) To have the free assistance of an interpreter (including a sign language interpreter) if he or she cannot understand or speak the language used in court;~~

~~(g) Not to be compelled to testify against himself or to confess guilt~~

~~(h) To have access to relevant laws and court documents in an accessible format.~~

~~5. In the case of juvenile persons, the procedure shall be such as will take account of their age and the desirability of promoting their rehabilitation.~~

~~6. Everyone convicted of a crime shall have the right to his conviction and sentence being reviewed by a higher tribunal according to law.~~

7. When a person has by a final decision been convicted of a criminal offence and when subsequently his conviction has been reversed or he has been pardoned on the ground that a new or newly discovered fact shows conclusively that there has been a miscarriage of justice, the person who has suffered punishment as a result of such conviction shall be compensated according to law, unless it is proved that the non-disclosure of the unknown fact in time is wholly or partly attributable to him.

8. No one shall be liable to be tried or punished again for an offence for which he has already been finally convicted or acquitted in accordance with the law and penal procedure of each country.

[NOTE – see draft text provided by DPI Japan for consideration.]

Article 16 - Rights before the courts and tribunals

1. No one shall be held guilty of any criminal offence on account of any act or omission which did not constitute a criminal offence, under national or international law, at the time when it was committed. Nor shall a heavier penalty be imposed than the one that was applicable at the time when the criminal offence was committed. If, subsequent to the commission of the offence, provision is made by law for the imposition of the lighter penalty, the offender shall benefit thereby.

2. Nothing in this article shall prejudice the trial and punishment of any person for any act or omission which, at the time when it was committed, was criminal according to the general principles of law recognized by the community of nations.

Article 17 - Right to respect for privacy, home and family before the courts and tribunals

~~1. No one shall be subjected to arbitrary or unlawful interference with his privacy, family, home or correspondence, nor to unlawful attacks on his honour and reputation.~~

~~2. Everyone has the right to the protection of the law against such interference or attacks.~~

~~[Alternative formulation based on European Convention on Human Rights, article 8:~~

~~Everyone has the right to respect for his or her private and family life, home and correspondence.~~
There shall be no interference by a public authority with the exercise of this right except such as is in accordance with the law and is necessary in a democratic society in the interests of national security, public safety or the economic well-being of the country, for the prevention of disorder or crime, for the protection of health or morals, or for the protection of the rights and freedoms of others. ]

~~3. Persons with disabilities have the right to sexuality and to form intimate relationships with others, and the right to found a family, including the right to adopt.~~

4. Persons with disabilities have the right to choose their own living arrangements, which may include establishing their own household, or living with their families, and to the necessary financial and other support in order to effect this choice. This right also includes the right not to reside in an institutional facility.

Article 18 - Freedom of thought, conscience and religion

1. Everyone shall have the right to freedom of thought, conscience and religion. This right shall include freedom to have or to adopt a religion or belief of his or her choice, and freedom, either individually or in community with others and in public or private, to manifest his or her religion or belief in worship, observance, practice and teaching.

~~2. No one shall be subject to coercion which would impair his or her freedom to have or to adopt a religion or belief of his or her choice.~~

3. Freedom to manifest one’s religion or beliefs may be subject only to such limitations as are prescribed by law and are necessary to protect public safety, order, health, or morals or the fundamental rights and freedoms of others.

4. The States Parties to this Convention undertake to have respect for the liberty of parents and, when applicable, legal guardians to ensure the religious and moral education of their children in conformity with their own convictions.

Article 19 - Freedom of opinion and expression, and right of access to information

~~1. Everyone shall have the right to hold opinions without interference.~~

2. Everyone shall have the right to freedom of expression; this right shall include freedom to seek, receive and impart information and ideas of all kinds, regardless of frontiers, either orally, in Sign Language, in writing or in print, in the form of art, or through any other media of his or her choice.

3. The freedom of expression of persons with disabilities includes the right to communicate in a language or form of communication which they consider appropriate (including sign language, braille or other communication codes), to have that mode of communication officially recognised, and to receive information and services in alternative communication modes from government, public authorities and other institutions or persons providing essential services.

4. The right to receive information includes the right to provision, in a timely manner and without additional cost, of all information in the public domain in formats that are accessible to all persons with disabilities (in particular those who are blind or partially sighted).

5. The exercise of the rights provided for in paragraph 2 of this article carries with it special duties and responsibilities. It may therefore be subject to certain restrictions, but these shall only be such as are provided by law and are necessary:

~~(a) For respect of the rights or reputations of others;~~

~~(b) For the protection of national security or of public order (ordre public), or of public health or morals~~.

Article 20 - Freedom of assembly

~~1. Everyone has the right of peaceful assembly.~~

2. No restrictions may be placed on the exercise of this right other than those imposed in conformity with the law and which are necessary in a democratic society in the interests of national security or public safety, public order (ordre public), the protection of public health or morals or the protection of the rights and freedoms of others.

Article 21 - Freedom of association

~~1. Everyone shall have the right to freedom of association with others, including the right to form and join trade unions for the protection of his or her interests.~~

~~2. In particular, persons with disabilities have the right to form independent organisations to promote their interests, and have the right to join political parties and social organisations.~~

3. No restrictions may be placed on the exercise of this right other than those which are prescribed by law and which are necessary in a democratic society in the interests of national security or public safety, public order (ordre public), the protection of public health or morals or the protection of the rights and freedoms of others. This article shall not prevent the imposition of lawful restrictions on members of the armed forces and of the police in their exercise of this right.

4. Nothing in this article shall authorize States Parties to the International Labour Organisation Convention of 1948 concerning Freedom of Association and Protection of the Right to Organize to take legislative measures which would prejudice, or to apply the law in such a manner as to prejudice, the guarantees provided for in that Convention.

Article 22 – Right to respect for privacy, home, the protection of the family and the right to marry

1. The family, in its various forms, is the fundamental group unit of society and is entitled to be protected by society and the State.

2. The right of all men and women of marriageable age, including persons with disabilities, to marry and to found a family shall be recognized.

3. Persons with disabilities have an equal right to decide freely and responsibly on the number and spacing of their children and to have access to the information, reproductive education and means to enable them to exercise this rights.

4. No marriage shall be entered into without the free and full consent of the intending spouses.

5. States Parties to this Convention shall take appropriate steps to ensure equality of rights and responsibilities of spouses as to marriage, during marriage and at its dissolution. In the case of dissolution, provision shall be made for the necessary protection of any children.

6. Persons with disabilities shall enjoy equal rights with regard to guardianship, wardship, trusteeship and adoption of children, or similar institutions where these concepts exist in national legislation.

7. Persons with disabilities have the right to sexuality and to form intimate relationships with others.

8. Persons with disabilities have the right to choose their own living arrangements, which may include establishing their own household, or living with their families, and to the necessary financial and other support in order to effect this choice. This right also includes the right not to reside in an institutional facility.

9. States Parties shall criminalize domestic violence and abuse against family members with disabilities.

10. States Parties shall ensure equal inheritance rights to people with disabilities, in particular to women with disabilities.

11. Persons with disabilities have the right to choose their way of life, such as where to live, with whom to live or live alone, or to have their own families and to the necessary financial and other support in order to effect this choice. This right includes the right not to reside in an institutional facility.

12. Persons with disabilities, regardless of the nature and severity of disability, have the right to live in the community without discrimination and with necessary support.

Article 23 - Rights of the child

1. Every child shall have, without any discrimination as to race, colour, sex, language, religion, national or social origin, property or birth, the right to such measures of protection as are required by his status as a minor, on the part of his family, society and the State.

2. Every child shall be registered immediately after birth and shall have a name.

3. Every child has the right to acquire a nationality.

4. States Parties recognize that children with disabilities should enjoy a full and decent life, in conditions which ensure dignity, promote self-reliance and facilitate the child's active participation in the community.

5. States Parties recognize the right of the disabled child to early intervention, special care and shall encourage and ensure 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.

6. Recognizing the special needs of a disabled child, assistance extended in accordance with paragraph 5 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 the disabled child has effective access to and receives education, training, health care services, rehabilitation 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.

7. Children and young people with disabilities should have the right to have access and participation to regular education services.

Article 24 - Right to participate in political and public life

~~All persons with disabilities shall have the right and the opportunity, without any of the distinctions mentioned in article 3 and without unreasonable restrictions:~~

~~(a) To take part in the conduct of public affairs, directly or through freely chosen representatives;~~

~~(b) To vote in all elections and public referenda and to be eligible for election to all publicly elected bodies, including:~~

~~(i) the right and facilities to vote in secret in such elections;~~

~~(ii) the right to information about political parties and candidates’ manifestos in accessible format;, and~~

~~(iii) the right to a postal ballot where restricted mobility makes it difficult for a person to attend a polling station ;~~

~~(c) To participate in the formulation of government policy and the implementation thereof and to hold public office and perform all public functions at all levels of government;~~

~~(d) To have access, on general terms of equality, to public service in his or her country; and~~

~~(e) To participate in non-governmental organizations and associations concerned with the public and political life of the country.~~

State Parties recognize the political rights of persons with disabilities and shall take measures to ensure the full participation in political life of persons with disabilities, especially:

1. To guarantee the enjoyment of the right of persons with disabilities to elect and be elected, and for this purpose, to include in election mechanisms the use of appropriate and accessible communication, special and necessary instruments and technologies for the various needs of persons with disabilities;

2. To guarantee the equal right of participation in positions of political parties, civil organization and public administration;

3. To guarantee the right to association of persons with disabilities and to provide necessary support in this respect;

4. To guarantee the participation of persons with disabilities and their organizations in all decision-making processes, particularly concerning issues relating to persons with disabilities.

5. No restrictions may be placed on the exercise of this right other than those which are prescribed by law and which are necessary in a democratic society in the interests of national security or public safety, public order (ordre public), the protection of public health or morals or the protection of the rights and freedoms of others. This article shall not prevent the imposition of lawful restrictions on members of the armed forces and of the police in their exercise of this right.

6. Nothing in this article shall authorize States Parties to the International Labour Organisation Convention of 1948 concerning Freedom of Association and Protection of the Right to Organize to take legislative measures which would prejudice, or to apply the law in such a manner as to prejudice, the guarantees provided for in that Convention.

7. States Parties shall take all appropriate measures to ensure to persons with disabilities, without any discrimination, the opportunity to represent their Governments at the international level and to participate in the work of international organizations.

Article 25 - Participation in public life at the international level

States Parties shall take all appropriate measures to ensure to persons with disabilities, without any discrimination, the opportunity to represent their Governments at the international level and to participate in the work of international organizations.

Article 26 - Equality before the law and equal protection of the law

All persons are equal before the law and are entitled without any discrimination to the equal protection of the law. In this respect, the law shall prohibit any discrimination and guarantee to all persons 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, disability or other status.

[NOTE – Working Group 2 understands that a general statement of equality before the law and equal protection of the law will be shifted to be an operative article in Part 1 of the draft convention and further refined to be more specific to people with disabilities.]

Article 27 - Rights of members of minorities

In those States in which ethnic, religious or linguistic minorities or persons of indigenous origin exist, persons with disabilities belonging to such a minority or who are indigenous shall not be denied the right, in community with the other members of their group, to enjoy their own culture, to profess and practise their own religion, or to use their own language.

[NOTE – Working Group 2 recommends that the drafting committee consider whether it might be more appropriate to deal with this article in Part 1 of the draft convention. The article also needs to be further considered in light of the provision relating to gender equality and the need to protect other vulnerable groups such as children and indigenous peoples].

Article 28 - Right to own and administer property

1. Everyone has the right to own property, particularly women with disabilities, alone as well as in association with others.

2. No one shall be arbitrarily deprived of his or her property.

3. Persons with disabilities shall have the right to bank loans and other forms of financial credit, to control their own financial affairs, and to run a business.

[NOTE – Working Group 2 understands that sub paragraph 3 relating to a ‘right’ to bank loans relates to non-discrimination rather than a pro-active right].

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GROUP 3

Report of Group 3 – Economic, Social and Cultural Rights

Facilitator: Aloka Guha

Reporter: Majid Qureshi

No. of Participants: 20

Floating Participants: 2

Strategies: -

Discussion of full group for 11/2 hours.
Division into 5 sub-groups.
Each sub-group had a Group leader.
Sub-groups divided on the basis of experience, interest, knowledge and competencies in a particular area.
5 sub-groups were: - health, education, employment, culture and social security.
Sub-groups had discussions for 3 hours.
Sub-groups returned to the main group with typed and photocopied drafts.
Full group discussed each draft, suggested changes and consensus was reached on EACH draft.
80% of the work completed on the first day by 4.20 p.m.
To be democratic, decentralized and take decisions by majority vote only.

Outcomes: -

To change the sequence of the Articles.
To delete, combine and modify some of the Articles eg. From 8 Articles, it was shortened at 1) Health and rehabilitation; 2) Education; 3) Work; 4) Take part in cultural, recreation and leisure; 5) social security – (annexures)
A set of general recommendations was finalized.
A set of 5 ideas and innovations were also prepared for presentation.

General Recommendations

1. The Convention should lead itself to ratification by States without compromising on basic issues.

2. Persons with disabilities should enjoy the same rights as persons without disabilities contextual to that country at standards NOT below those prevailing in that country.

3. All rights enshrined in this Convention should apply to girls and women with disabilities who suffer multiple discriminations.

4. The rights of persons with intellectual, multiple, psychiatric and severe disabilities need to be especially protected and ensured.

5. This Convention should be more specific for persons with disabilities.

6. This Convention should ensure the inclusion of family members in the rehabilitation process especially for persons with intellectual disabilities.

7. This Convention should include “achievement of Independent Living” in the Preamble as a major cross-cutting goal.

Innovations

Devolution of financial resources from developed to developing countries for the realization of this Convention

Development of “tele-rehabilitation” by video conferencing for rural and remote areas of scattered island populations, especially for developing “chat rooms” for family members and adults with disabilities.

Whenever “rural” is mentioned, “island” populations need to be included.

The right to form associations of parents of persons with disabilities with severe, multiple and psychiatric disabilities.

Article 29

Right to health and rehabilitation

1. The States Parties to this Convention recognise the right of persons with disabilities to the enjoyment of the highest attainable standards of physical, psycho-social and mental health. This means that health and rehabilitation services and care must be available, accessible, affordable and acceptable to all persons with disabilities. They shall have access to the same level of health and medical care as other members of society, in addition to any specific services and care that they may require as a result of their disability.

2. The steps to be taken by the States Parties to this Convention to achieve the full realisation of this right shall include: -

a. programme for prevention of causes of secondary disabilities, early detection, early intervention, assessment and management of impairment;

b. access by persons with disabilities to affordable and appropriate treatment and medication that they may need to improve and maximise their level of functioning;

c. the provision of appropriate rehabilitation care and services including: -

i. human resource development and training in the specialised areas of rehabilitation;

ii. rehabilitation services in public and private health facilities;

iii. community-based rehabilitation, support groups and alternative systems of management, especially for those residing in rural and hard to reach areas;

iv. provision and maintenance of assistive devices;

v. medical and health care curricula to include social aspects of disability, including discrimination, equality and respect;

3. To provide necessary information, education and counseling to persons with disabilities, their families and care-givers in order for them to participate fully and to make informed decisions concerning their management and care. The fundamental principle of the provision of health care and services to persons with disabilities should be that of informed choice and consent.

4. Persons with disabilities have the right to privacy and confidentiality. Medical records related to their disabilities shall not be disclosed to third parties without the person's own prior consent.

5. Ensuring that all health and rehabilitation services and care are respectful of the culture of all individuals, groups, minorities and persons with disabilities, and are sensitive to gender and of good quality.

Article 30

Right to education

States Parties to this convention recognize the right of persons with disabilities to education. They agree that education shall be directed to the full development of the human potential and a sense of dignity, and shall strengthen the respect of human rights and fundamental freedoms.

The right to education shall include the right of all children with disabilities to inclusive education in their own community, including early childhood intervention and pre-school readiness for inclusion within the general school system and the right to any required support including accessible curriculum, medium and technologies, learning strategies, physical environment etc. to ensure the full participation of students with disabilities in that system.

Where the general school system does not yet adequately meet the needs of persons with disabilities, special and alternative forms of learning may be made available. However, it should be aimed at preparing students for education in the general school system and the quality of education provided should reflect the same standards and objectives as that provided in the general school system, provided that families are given a range of educational options to choose from.

Where there is a need for specific augmentation and alternative communication modes, the same may be made available within the general or the special education school.

Persons with disabilities have the right of equal access to tertiary education, vocational training and adult education on the basis of equality with others and have the right to necessary financial or alternative support to ensure effective access.

The curriculum of all teacher training schools must be modified to include the component of inclusive education. States must also provide for in-service training of its existing personnel in inclusive education.

Article 31

Right to Work

State Parties to this convention recognize the right of persons with disabilities to work, which includes the right to gain a living by engaging in work which he or she freely chooses or accepts. Such right also includes the right of access to the workplace and reasonable accommodation in all aspects of the recruitment and hiring process as well as on-the-job with a view to promoting equal opportunity and treatment of people with disabilities as compared to nondisabled workers.

State Parties will take appropriate steps to safeguard this right as follows:

(1) to guarantee persons with disabilities to participate in the labour market under equal opportunities and treatment and with equal remuneration by eradicating any discriminatory regulations and practices that restrict or deny persons with disabilities in job seeking and securing, job retention and career advancement;

(2) to adopt policies and positive measures to realize this right such as anti-discrimination legislation, quota and levy system, affirmative actions, as well as other employer incentives such as tax redemption or reduction, subsidies and preference in government contracting to benefit persons with disabilities;

(3) to guarantee that persons with disabilities at the workplace enjoy equal treatment with regard to safety and protection, workplace training, vacation with pay and other benefits as well as the dispute-resolving process;

(4) to ensure policy and funding support to self-employment for people with disabilities in business and those in the informal sector;

(5) to provide for the development of alternative forms of community-based employment for persons with disabilities who may not have the capacity to work in the open labour market, in conditions which ensure useful and remunerative work and provides opportunities for vocational advancement including transfer to open employment;

(6) to provide vocational rehabilitation and return to work services, including vocational guidance, skills training and employment services and under the same conditions as nondisabled persons, with the necessary adaptations and assistance, as required; and

(7) to address the needs of people with all types of disabilities, including the special needs of those in rural areas, women with disabilities and disabled people who face multiple disabilities in seeking to fulfill this right.

Article 32

Right to take part in cultural life, recreation and leisure

1. The State Parties to this Convention recognise the right of all persons with disabilities to take part in cultural life and shall take all necessary measures to ensure that persons with disabilities: -

(a) have the opportunity to utilise their creative, artistic and intellectual potential, not only for their own benefit, but also for the enrichment of their community;

(b) have effective access to literature, films and drama, and to places for cultural performances or services, such as theatres, museums, cinemas, libraries and hospitality industry.

2. State Parties recognise the right to all persons with disabilities to take part in recreation and leisure activities, including sport, and shall take all necessary measures to ensure that persons with disabilities:-

(a) have equal opportunity to organise and participate in sporting activities, to provide and receive quality instruction and training, as is available to other participants;

(b) have effective access to sporting venues, as well as other recreational activities;

Article 33

Right to social security

States Parties recognise the right of all persons with disabilities to social security, social insurance, social services and an adequate quality of life.

3. States Parties to this Convention recognise the right of all persons, including persons with disabilities, to an adequate standard of living for themselves and their families, including adequate food, clothing and housing, and to the continuous improvement of living conditions.

4. For persons with disabilities, this right shall include access to necessary services, devices and other assistance for disability-related needs.

5. States Parties recognise the right of members of the family of persons with severe and multiple disabilities living in situations of poverty, to receive assistance from the State to cover disability-related expenses (including respite care) which should not become a disincentive to develop themselves.

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GROUP 4

Group 4

A. General recommendations on the elements/structure

and conceptual framework

The group agreed on the structure and elements of the draft convention (relevant sections to the group), in principle;

Review (monitoring) of the application of the present convention should be timely and regular;

The review process should be informed by PWD, recognizing the vital role played by PWD, civil society, NGOs and other stakeholders;

The group agreed that most fundamental elements of the Convention cannot be derogated (the group agreed upon keeping “article 60 about reservations made by States at the time of ratification, but it is of extreme importance that a reservation should not be incompatible with the purpose of the Convention);

Within the framework of the ( 4 ), the Convention should aim at the highest level in terms of its standard (particularly, taking into consideration that our draft will be a very preliminary draft document to be used for discussion and consideration by the Working Group, inter-governmental bodies, etc. in the future);

States parties must be proactive about protecting and promoting the rights of individuals who are most vulnerable (such as multiply disabled, severely mentally retarded, people with psychiatric disabilities, etc.);

Statistical resources (any resource should include both quantitative and qualitative data) for monitoring and reporting purposes;

State (state party to the Convention) was recognized (by the group) as the primary duty-bearer with the primary obligation to ensure and fulfill the rights recognized in the Convention. The States (state party to the Convention) should respect, enforce, and promote the rights recognized in the Convention. The purpose of monitoring is to measure ability of the States to fulfill their duties.

B. Recommendation on the draft Convention text

Page 23, Part IV (other state obligations)

Article 37 should be moved to discussion by the Group 1 and to be placed under “General State Obligations”. Persons with disabilities living in rural areas should be protected by this Convention and the State Parties should recognize them, together with other “most vulnerable groups”, such as women with disabilities, people with psychiatric disabilities, …… etc.

Article 38 (collection of statistics and data). The group recommends the following modifications of this article (the text below will replace the original text composed of 7 paragraphs under Article 38)

38. 1 States should adopt terminology and classification of disabilities in accordance with the internationally accepted standards and norms, and harmonize the national classification system, and process the data accordingly.

38.2 States should collect at regular intervals disability related information through national censuses and household surveys, undertaken in close collaboration with organizations of PWD, and research bureaus. This data should include information on issues including gender, indigenous peoples, minorities, persons living in rural areas and other most vulnerable groups.

38.3 States shall collect, analyze, codify statistics and information on disabilities and establish a central data bank. Measure shall be taken to make the information accessible and available to all categories of persons with disabilities, organizations of PWD, and others, particularly at all levels of political and administrative policy planning. Such measure shall bear in mind the need to protect individual privacy.

38.4 States should initiate and support programmes of research on access and participation of PWD in all areas within the scope of this Convention which affect the lives of PWD, their families and associates.

38.5 States should promote active participation of PWD at all stages in data collection and research process, policy development, implementation and evaluation.

Article 39 (National institutions)

The title of Article 39 should be changed to “National implementation framework”

Article 39 was re-phrased in the following manner:

39.1 States parties shall establish a framework to monitor, promote and enforce compliance with this Convention which includes an independent national institution which operates in accordance with “Paris Principles”. That independent national institution will be established in consultation with PWD and organizations representing PWD.

39.2 In particular States should ensure that the responsibilities and matters relating to the implementation of this Convention in all policy planning is allocated to a specific focal point within Government.

Article 40

Add “International” before Committee

Article 41

Give the title to Article 41

Title: Supremacy of domestic laws

Article 42

In sub paragraph, the word “application” in the first line is replaced with the word “implementation.”

Subparagraph 2 is amended as follows:

The word “ten” in the second line is replaced with “[10], [12], [18]”;

After the work “expert,” insert the words “and one chairperson, being a PWD, all of who are”;

Replace the work “impartiality” with the word “impartial”;

Before the words “recognized competence,” insert the words “have a “;

Insert a new sub paragragh2 (a), which reads “serve in an individual capacity as independent experts”;

Renumber the current paragraph accordinghly;

Amend the old subparagraph (b) to read “include at least [5], [6], [8] women and at least [5], [6], [8] men”;

A new paragraph 3 is inserted as follows:

“Each State Party many nominate one person chosen from a pool of individuals proposed by organizations of PWD in that State.”

The subsequent subparagraph are renumbered

The old subparagraph 3 is amended by inserting the word “experience of disability” after the words “States of employment.”

The old subparagraph 4 is deleted.

Subparagraph 7 is amended by replacing the word “five” in the third line with the words “ [5], [6], [8].”

Subparagraph 9 is amended by adding the words “in accordance with article 42. [update reference to new numbering” after the words “from among its own nationals..”

Subparagraph 10 is amended by inserting the following:

“[Should contain a requirement of universal access which is consistent with the definition and rights of access in other parts of the document.”

Article 43

Subparagraph 1 is amended by deleting subparagraph 1 (a) and 1 (b).

A new paragraph 2 is inserted as follows:

“The State Parties shall submit their reports initially within one year after the entry into force of the Convention for the State Party concerned, and thereafter every five years and whenever the Committee so requests.”

Subparagraph 2 is amended by addition of the sentence “The report shall be prepared with extensive and wide-ranging consultation with organization of PWD.”

Subparagraph 3 is amended by replacing the words “decide any further” with the word “formulate.”

A new paragraph 4 is inserted as follows:

“The State Parties shall make a draft of their reports widely available to the public in their own country in local language and accessible formats [3], [4], [6] months prior to the submission of the report to the Secretary General of the United Nations.

Article 44

Article 44 is titled “Consideration of the Report.”

The numbering of this article is revised.

Subparagraph 3 is amended as follows:

Replace the words “may invite” with “shall request.”

After the words” the specialized agencies,” insert “UN Regional Committees.”

Subparagraph 6 is amended replacing the words “may invite” with “shall request.”

A new paragraph 6 is inserted as follows:

“The Committee may recommend areas of cooperation among State Parties and other competent organs that will facilitate the implementation of this convention. To this end, the Committee shall make its recommendations to the Secretary-general of the United Nations.”

The numbering of article 44 is amended accordingly.

Article 45

Article 45 is given the title “Committee Functions.”

Subparagraph 3 has been amended replacing the words “normally” with “at least.”

Subsection 4 is replaced with the following:

“The meetings of the Committee shall be hosted on a rotational basis by the five offices of the Regional Commissions and the United Nations Headquarters in New York.”

Article 46

The group discussed the value of retaining the ability of individuals to make complaints to the Committee. Consensus was not reached on this issues, although a majority of members favored the retention of this power on the basis that the group had agreed to present draft text which provided the strongest possible protections for PWD and the States have the ability to reserve their position in relation to this article. The dissenting view included the concern that the ability to make complaints is unprecedented among other human rights instruments and might result in States declining to ratify the convention.

The working group notes that the individual communications and inquiry procedures sections are structurally incompatible with the rest of the text, having single headings, rather than headings for each article. It is recommended that the structure of this section is reviewed with a view to ensuring the

Part VI

The working group notes that this part is structurally incompatible with the rest of the text, having single headings, rather than headings for each article.

Article 61

Subparagraph 1 is amended as follows:

Insert the words “as opposed to the substantive issues,” before the words “any one of those parties”

At the conclusion of subparagraph 1, insert the words “Any party who refers a dispute to the ICJ will give notice to the other party of that referral within 7 days of the referral.”

Recommendations

That the central elements of the convention be identified and listed in Article 60 as being non-reservable.

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Main	Programme	Materials	Online	Bangkok

	Regional Workshop towards a Comprehensive and Integral International Convention on Protection and Promotion of the Rights and Dignity of Persons with Disabilities Bangkok, Thailand, 14-17 October 2003