 |
The Convention should build on human rights laid down in the existing UN
human rights treaties and norms. |
|
Human rights are universal, indivisible, inter-related, and
interdependent and fully apply to people with disability notwithstanding the development
of this Convention. The crucial role of this Convention is to articulate how the specific
human rights protections required by people with disability will apply. |
|
The Convention should aim to achieve the highest levels of the full range
of human rights for people with disability. |
|
The most fundamental elements of the Convention cannot be subject to a
State reservation. This would be incompatible with the purpose of the Convention. The
fundamental elements of the Convention must be clearly identified. |
|
Detailed implementation guidelines should be developed to elaborate the
obligations set out in the Convention. |
|
There is a need to stress pro-active obligations on State Parties to take
legislative and administrative measures to ensure equality of opportunity and outcome for
people with disability. There is a need to clarify the different types of active measures
that might be necessary to achieve the obligations set out in the Convention. Such active
measures would not be regarded as discriminatory. |
|
A broad, inclusive and flexible definition of disability, which
accommodates evolving understandings of that term, should be included in the Convention. |
|
A definition of accessibility is required in the Convention. This
definition should be comprehensive, based on the proposed definition put forward by the
Bangkok Forum on Women and Disability, incorporating issues from the Manila Declaration,
Bangkok June recommendations, and the New York presentation by Brown. |
|
States parties should recognize that women and girls with disability may
be subject to multiple discrimination and that focused, gender-specific measures and
protections will be necessary to ensure that women and girls enjoy human rights and
fundamental freedom on the basis of equality of outcomes with men. |
|
States parties should recognize that:
- People with severe and multiple disability
- People with psychiatric disability
- People with intellectual disability
- Indigenous people with disability, and
- Members of minority population groups who have disability
may be subject to multiple discrimination and that focused, population group specific
measures and protections will be necessary to ensure that these groups enjoy human rights
and fundamental freedom on the basis of equality of outcomes with others. |
|
The Preamble ought to refer to the potential and actual contribution made
by people with disability to the overall economic, social, cultural, civil and political
well-being and diversity of the community. |
|
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. |
|
People with disability should enjoy the same rights as people without
disability at the standards prevailing in that State. |
|
The role of international cooperation in implementation of this
Convention was noted. Disability impact assessments, and disability action plans, should
be key criteria in the grant of aid to States. |
|
State parties must recognize the human rights of people with disability,
and family members of people with disability, and their supporters, to form independent
associations for representation and self-help. State parties must provide recognition and
financial support to such associations as a pre-condition to the realization of the civil
and political rights of people with disability. |
|
This Convention should include "achievement of independent community
living" in the Preamble as a major cross-cutting goal. Independent community living
should be defined in detail. |
|
An appropriate definition of 'informed consent' ought to be included in
the definition section of the Convention. |
|
Review and monitoring of the application of the Convention should be
timely and regular. The review process should be informed by people with disability,
recognizing the vital role played by people with disability and their organizations. |
|
States parties shall establish a framework to monitor, promote and
enforce compliance with this Convention which includes an independent national institution
which follows the "Paris Principles" (UN GA resolution 48/134 of 20 December
1993). That independent national institution will be established in consultation with
people with disability and organizations representing people with disability. |
|
Statistical resources should include both quantitative and qualitative
data for monitoring and reporting purposes. Data collection should have scientific rigor
and international comparability. |
|
Intergovernmental organizations and corporations should recognize and
respect the human rights of people with disability set out in this Convention. |
|
In relation to the articles concerning individual communication
procedures and inquiry procedures, the Group failed to reach consensus, although the
majority felt that these articles should be included in the Convention text. Therefore,
this issue will be brought to the attention of participants in the forthcoming
intergovernmental meetings (including the intergovernmental meeting to be held in Beijing,
4-7 Nov. 2003) and the Working Group commissioned by the Ad hoc Committee. |
