Compilation of the results of the working groups of the Seminar
The seminar considered what should be contained in a convention on the basis of the
three sections that a United Nations human rights convention should have: a preamble,
basic articles, specific articles and articles on implementation and evaluation. It made
recommendations and suggestions both in general and on specific texts contained in Working
Paper No. 1, among others. In the cases where the suggestions is about a text proposed in
that document, the change is shown in boldface.
Preamble
Based on the documents reviewed by the Seminar, which will be presented to the next
session of the Ad Hoc Committee, the following elements should be reflected in the
Preamble.
- Goals and principles of the United Nations Charter,
- Specific reference to the value of the individual person,
- The importance of the Convention not only for persons with disabilities but also for
society as a whole,
- Recognition of the progressive development of international law, including legal
instruments that are related or not, multilateral or regional,
- The principle of non-discrimination,
- Results of United Nations conferences and summits,
- Recognition of the efforts made by governments and international organizations,
- Equality of opportunities to guarantee all human rights and incorporation in development
with a guarantee of access to the means necessary to equalize opportunities,
- Special circumstances: poverty, violence, accidents, different levels of development and
different national legal systems,
- Recognition of the significant participation of civil society, of non-governmental
organizations and of persons with disabilities and their families.
The seminar recommends the following texts that change or add to the proposals for the
preamble found in Working Paper No. 1:
d) Recognizing also that discrimination against all persons for reasons of any
disability is a violation of the principles of equality of rights and respect for human
dignity and hinders, provides an obstacle to and impedes the participation - under
equality of conditions - of persons with disabilities in civil, social, economic,
political, and cultural life;
In the list of the international and regional instruments, declarations, norms, and
programs adopted to promote human rights and non-discrimination against persons with
disabilities, should be added ILO conventions 121 and 122 on minimum standards and
accidents at work to the 1983 International Labor Organization's Convention
no.159 on the Vocational Rehabilitation and Employment of Persons with Disabilities;
It also recommends that all rules that can strengthen the preamble should be included,
and in terms of the 1991 Principles for the Protection of Persons with Mental
Illness" consider that it may not be completely representative and therefore consider
incorporating the Standard Rules recommendation on refusing treatment.
The seminar suggests adding
"Noting that not all international instruments... adopted to date adequately
reflect the current status of current evolution of normative standards related to persons
with disabilities."
Recognizing the efforts made by the Special Rapporteur of the United Nations
for disability that have assisted in the rules relative to the subject and that have
determined the impossibility of eliminating discrimination and achieving the development
of persons with disabilities through the existing instruments.
j) Recognizing that in order to achieve equality and equalization of opportunities for
persons with disabilities, the exercise of all political, civil, economic, social, and
cultural rights established in the International Covenants and other instruments of Human
Rights, must be guaranteed, as well as their accessibility to the physical, social and
cultural environment;
l) Concerned over the fact of the existence of social, economic, political and
cultural circumstances that contribute to increase the incidence of disability,
which include extreme poverty, lack of healthcare attention, violence inside and outside
the home, accidents, alcohol and drug abuse, inadequate administration in medical
treatment, systematic violation of human rights, lack of proper care during the ageing
process, and armed conflicts;
Add environmental factors and risks in the workplace as a generator of
disabilities.
Add:
Recognizing that poverty leads to a greater prevalence of disability, which, in
turn, generates poverty, such that we must adopt measures to combat it;
Recognizing that factors of age, gender factors and belonging to an ethnic
group increase the risk of exclusion and marginalization of persons with disabilities;
Change:
Concerned over the fact of the existence of social, economic and political
circumstances that contribute to increase the incidence of disability,
which include extreme poverty; lack of healthcare attention especially in regard to
integrated prevention and rehabilitation; violence inside and outside the home; accidents;
alcohol and drug abuse; inadequate administration in medical treatment; systematic
violation of human rights; lack of proper care during the ageing process; and armed
conflicts which contribute to increasing the incidence of disability;"
n) Bearing in mind the importance of guaranteeing the conditions to achieve
development and sustained improvement in the quality of life of the world's
population and working toward the strengthening of international peace and security;
Add: Recognizing the rights of self-determination for persons with
disabilities, the protagonist role of persons with disabilities in decision-making about
the policies and programs that affect them is emphasized.
Articles of the Convention
The seminar, recognizing the human rights and fundamental freedoms guaranteed by
existing international norms, agreed to propose the following thematic structure that
includes civil, cultural, economic, political and social rights, which will permit persons
with disabilities to exercise their citizenship and obtain equality of opportunities and
recommends that the following subject be included in the basic and specific articles.
1. Objective
2. Definitions
3. Purposes
4. Eradication of poverty
5. Guarantee of personal dignity
6. Equality of opportunities
7. Social inclusion and participation
8. Specific rights of vulnerable groups (children, the girl child, adolescents, women,
ethnic minorities, older persons, among others)
9. Mental health
10. Promotion of attitudinal change
11. Accessibility and universal design
12. Access to information and communication
13. Prevention
14. Health and rehabilitation
14. Education and training
15. Housing
16. Work and entrepreneurial undertakings
17. Social security
18. Guarantee of personal dignity
19. Protection of the family
20. Attention to people in emergency situations
21. De-institutionalization
22. Sexual abuse and violence
23. Civil and political rights
24. Legal assistance
Basic Articles
Article 1. Objective
The objective should include the following concepts:
- Promote and protect human rights
- Elimination of discrimination
- Promote independent living
- Equality and equalization of opportunities
- Promote international cooperation
- Disseminate widely the rights that are contained in this Convention
- Define strategies and disseminate the rights guaranteed in this instrument
The following changes and additions are suggested for the content proposed in Working
Paper No. 1:
a) Recognize, guarantee, promote, and protect the exercise of the
rights of persons with disabilities;
c) Promote the autonomy and independent lives of persons with disabilities and achieve
their full participation in economic, social, cultural, civil, and political life, under
conditions of equality through sustainable development and supporting national
efforts;
Suggestion: Measures that the State must take to achieve real equality should
understand real to be more than a mere formal equality.
(d): promote new forms of international cooperation to support national and regional
efforts in the benefit of persons with disabilities including in the technical and
technological areas.
Add: e) widely disseminate the rights that are guaranteed in this Convention
and develop strategies to achieve them.
It is considered important that, in addition to recognizing the rights, the measures
should be identified that will be adopted to ensure their full operation and achievement
in a progressive way.
Article 2. Definitions
The seminar considers it indispensable to define the following theoretical concepts
that will be used in the drafting of the Convention, concepts that will have to be part of
Article 2.
1. Person with disabilities (In this case, each State Party will be
able to use terminology that can be adapted to its cultural tradition, adjusting it to the
Convention, promoting the dignity and the positive social image of the person with
disabilities.)
2. Access, with the following concepts
2.1. Accessibility
2.2. Universal design
2.3. Reasonable accommodation
2.4. Access to information and communication technology
3. Integration - Inclusion
4. Autonomy - Independent living
5. Equality and equalization of opportunities
6. Positive and affirmative action
7. Discrimination against persons with disabilities
8. Vulnerability
The seminar suggests the following alternatives to the texts proposed in Working Paper
No. 1:
Either
Discrimination against persons with disabilities means any arbitrary distinction,
exclusion, or restriction based on a disability, record of disability, condition
resulting from a previous disability, or perception of disability, whether present or past,
which has the effect or objective of impairing or nullifying the recognition, enjoyment or
exercise by a person with a disability of his or her human rights and fundamental
freedoms.
Or
Discrimination against persons with disabilities means any distinction, exclusion, or
restriction based on a disability, record of disability, condition resulting from a
previous disability, or perception of disability, whether present or past, which has the
effect or objective of impairing or nullifying the recognition, enjoyment or exercise by a
person with a disability of his or her human rights and fundamental freedoms. Discrimination
also is constituted by the failure to eliminate environmental or attitudinal barriers or
the creation of new barriers that impede access to services and to full participation in
the activities of civil, cultural, economic, political and social life.
Article 3. Legal framework
The seminar suggests the following changes or additions to the texts proposed in
Working paper No. 1:
1. In their legislation, policies and programs, promote the full participation of
persons with disabilities, including in decision-making.
2.
a) Incorporate in their national legislations the principle of equality of rights
and equalization of opportunities and non-discrimination for all people and
abolish or amend any legislation that permits the contrary.
d) Establish in their national legislations the necessary positive actions to promote
the autonomy and independent lives of persons with disabilities and to achieve their full
participation, integration and inclusion, under conditions of equality,
in all activities of economic, social, cultural, civil, and political life.
3: In the elaboration and evaluation of legislation, policies and programs,
special circumstances and needs of persons with disabilities, shall be taken into account
and shall secure their participation and that of their families, as appropriate.
4. Promote the inclusion of the subject of disability in national censuses and
in all systems of information acquisition, as well as developing specific mechanisms to
collect statistical information about the population with disabilities and its access to
health services, education and employment.
Article 4. Special measures
1. In order to guarantee equality of rights and opportunities for persons with
disabilities, States Parties will adopt, among others, positive discrimination
or affirmative action measures and reasonable accommodations.
Specific Articles
New principle Universal Design: Accessible design of environment:
include universal, accessible design of Information (ICT, electronic devices). Include the
concept of reasonable accommodation. See Manila Declaration
(www.worldenable.net/manila2003). (See also Std. Rule #5) Rule 5- new article needed on
accessibility, physical environment and communication technology / other technologies.
"Alternatives"
The seminar suggests the following changes and additions to the texts proposed in
Working Paper No. 1:
Article 5. Culture, social consciousness and the mass media
a) Adopt measures to raise society's awareness regarding the rights and needs of
persons with disabilities, including the creation of awareness programs at all levels of formal
education.
b) Encourage the mass media to project a realistic, accurate and non-stereotyped image
of persons with disabilities and their families.
Add:
Train social actors
Raise awareness among the principal agents of socialization: family, school
Promote awareness raising and training of public officials and other social
actors about the rights contained in the present convention.
Article 6. Access
States Parties recognize the right of persons with disabilities to freedom of movement
and to have an accessible environment to guarantee universal design, their autonomy,
independence, security and full participation in all activities.
States Parties shall legislate or take steps to ensure that:
a) Urban outfitting and public services and facilities for public use have the
adaptations necessary to facilitate access, use, services and circulation
and evacuation in emergency situations for persons with disabilities.
d) The construction and adaptation of housing comply with regulations governing
accessibility for persons with disabilities using Universal Design principles.
Article 7. Alternative communication
States Parties shall promote access to different forms of alternative communication for
persons with sensorial disabilities, as well as promoting the linguistic rights of persons
who use such forms and will promote the creation of training services for
interpreters that will make the diverse forms of communication possible, including sign
language, Braille and other forms of communication.
Article 8. Accessible communication
b) Encourage and obtain the commitment of the mass media to make their
services accessible to persons with disabilities.
Add: Ensure that the design of Web pages is accessible by use of universal
standards.
Article 9. Violence
States Parties recognize that persons with disabilities are particularly vulnerable to
different forms of violence, as well as torture and other cruel, inhumane or degrading
treatment or punishment and exploitation, in public and private spheres.
Therefore, States shall guarantee security and respect for the dignity
and integrity of persons with disabilities.
A suggestion was made to include the issue of "overprotection" in this
article.
Add:
Article 9 bis. Rural areas
States Parties shall take into account the particular problems faced by people with
disabilities and families living in rural areas and the significant roles which families
play in their economic survival, including their work in the non-monetized sectors of the
economy, and shall take all appropriate measures to ensure the application of the
provisions of the present Convention to people with disabilities and their families living
in rural areas.
Article 10. Legal processes
1.
b) Prohibit all forms of discrimination during legal processes or the
serving of a prison sentence.
Article 11. Political rights
a) Guarantee exercise of the right to universal and secret suffrage, without
prejudice to the rights to persons with disabilities to have assistance when voting,
of all persons with disabilities and, for that purpose, include in election mechanisms the
use of auxiliary measures and specialized technologies for each type of
disability.
c) Promote the participation, under conditions of equality, of persons with
disabilities in positions of popular election, political parties, social organizations,
and in public administration and in the powers of the State.
e) Guarantee the active participation of persons with disabilities and
their organizations in the design of government policies relating to disability
Article 12. Education
1. States Parties recognize that persons with disabilities have the right to receive an
education of quality over their whole lifetime that furthers their integral development,
independence, and participation, under conditions of equality, in public and private
spheres.
In order to attain the above-mentioned objectives, States Parties shall:
b) Guarantee that persons with disabilities will receive a public education, free of
charge, of high quality in all education methods and levels, giving priority to
those living in situations of extreme vulnerability.
d) Include appropriate information and communications technologies in
learning processes.
Add:
h) Design and apply quality standards for public and private institutions,
particularly of special education, that guarantee educational conditions with the
framework of the human rights of persons with disabilities.
i) Guarantee that the educational system authorizes official certificates that
recognize the skills and knowledge acquired by persons with disabilities during the
process of apprenticeship.
j) Provide accredited technical training ('special') for those who need it
Article 13. Health, habilitation and rehabilitation services
States Parties shall promote access for persons with disabilities to the medical, sanitary,
habitation for those who are born with disabilities and integrated
rehabilitation services they require so as to guarantee their right to health and to
foster their autonomy and independent lives. To this end, States Parties shall:
a) Ensure that all medical and nursing staff, as well as other healthcare
professionals, are properly qualified and have access to the appropriate technologies, periodic
training and methods for the treatment of persons with disabilities.
e) Adopt all measures necessary to guarantee that the medical, rehabilitation, and
assistance services provided to persons with disabilities include the following:
1. Prevention, Opportune detection, diagnosis, derivation and
treatment.
3. Counseling and orientation, as well as social, psychological and
other assistance for persons with disabilities and their families.
Include an item on sexual and reproductive health
4. Training in independent living, including aspects of mobility,
communication, and skills for everyday living.
5. The provision of medication, technical assistance with mobility,
and other special devices they may require.
Include in Art. 13 a prohibition against discrimination in adoption (related to
discrimination in the formation of families)
Consider combining all habilitation and rehabilitation services as a specific article
and including community-based rehabilitation services needed to support families, e.g.,
health promotion / education, not just limited to medical care and incorporating a more
holistic approach.
Article 14. Integration in the labour force
States Parties recognize the right of persons with disabilities to work and to freely
choose their professions and jobs, and will adopt all measures necessary for their
participation, under conditions of equality, in the labor market. For this purpose, States
Parties shall:
a) Guarantee that national and international labour legislations protects persons
with disabilities in regard with employment, job promotion, and working conditions, and,
ensure the exercise of their labor rights.
Include the accommodation of working conditions and access to work for family
members of persons with disabilities.
d) Formulate, establish and periodically review a national policy of positive
action that will promote and facilitate the access of persons with disabilities to an open
labour market, protected workshops and to opportunities for self-employment.
Add:
i) Implement penalties for employers whose failure to follow standards of
industrial security has caused disability among their workers.
j) Establish the inalterabaility of the rights of workers who have become
disabled as a result of negligence of their employers.
k) Guarantee professional rehabilitation, re-location or re-entry in work of
persons who have acquired a disability as a result of accident in the workplace or a
profession-related illness.
l) Urge unions to take into account the needs and rights of persons with
disabilities in the union framework.
Article 15. Social security
b) Develop social security and social assistance programs and measures
that cater to the specific needs of persons with disabilities.
e) Promote the establishment, under governmental housing programs, of specific
percentages of accessible housing, when necessary, and methods of
finance to be earmarked for persons with disabilities and their families.
f) Ensure that people who assist or look after persons with disabilities, including
their relatives, have adequate training support and financial assistance respite
care services for the families that care for persons with disabilities,
particularly in the case of persons with low incomes.
g) Establish norms whereby persons with disabilities are not discriminated against
regarding the access to social security and public and private medical insurance, and
reduce the pensionable age according to the life expectancy of persons with disabilities
and ensure that the pension of the main pensioner can be transferred to the person with
disabilities.
Article 16. Recreational and cultural activities and sports
States Parties shall ensure that persons with disabilities have access to and the
enjoyment of:
a) Recreational, artistic, tourist, cultural, and sports activities
through adaptations which facilitate them the use of related facilities and services.
b) Their integration into routine sports activities and those of high return in
national as well as international competitions designed especially for persons
with disabilities.
c) A system of scholarships or special incentives for cultural, artistic, tourist
and sports activities
Implementation and Monitoring
The seminar considers that the section on implementation and monitoring should include
the following themes:
25. National control and evaluation organizations
26. International cooperation
27. Monitoring Committee
28. Committee mandate
29. Functioning of the Committee
30. State party reports
31. Amendment
32. Dissemination
33. Depository
34. Entry into force
35. Authentication of the Convention in the official languages
The seminar suggests including the following concepts:
Any international or national legal provision and/or administrative arrangement or
decision in contravention with or derogation of the provisions of this convention shall be
deemed void ab initio.
Have civil society participate in the preparation of State reports.
Seek to have the United Nations propose how to work with States to incorporate the
provision in their policies, guidelines and projects, as well as to work jointly with
States party.
Obtain commitments and establish financial mechanisms to achieve all of the objectives
and rights contained in the Convention.
The seminar suggests the following changes and additions to the texts proposed in
Working Paper No. 1:
Article 17. National organizations
States parties should promote the creation or strengthening of
national institutions responsible for coordination of actions and the definition
of policies and rules in the area of disabilities as well as safeguarding the
rights and dignity of persons with disabilities, with the significant and decisive
participation of persons with disabilities.
Add:
Urge States party to designate a national organization to be responsible for
follow-up and evaluation of implementation of the present convention.
Include:
Urge States part to harmonize, a soon as possible, their national legislation with what
is included in the present convention and in other international instruments concerned
with disability.
Article 18. International cooperation
The article should be expanded to include text about sources of financing that
contribute to the implementation of the Convention especially in the developing countries.
Article 19. Conference of States Party
1. The object of the Conference of States Parties (hereinafter, "the
Conference") shall be to:
b) Promote international cooperation and assistance, as provided for in the
previous Article.
MECHANISM FOR EVALUATION AND FOLLOW-UP
The seminar recommends taking into account existing approaches in the basic human
rights conventions for the elaboration of the Convention's mechanism for evaluation and
follow-up.
It principal function would be to consider the national reports presented by States
party. Thus, it will be able to analyze the information presented by other relevant actors
in civil society, persons with disabilities ad their organization, who, it is suggested,
should be invited to participate in its deliberations.
In this context, the receipt of individual communications from persons with
disabilities or their representatives should be considered, that allege to be victims of
violations, as well as a basic mechanism to receive these communications.
It would be hoped that the members of the Committee would be independent experts with
recognized experience in the issue of disability and a high moral authority, preferably
persons with disabilities. Their number should be representative to be able to respond
efficiently to the mandate that they are given, based on an equitable geographical
distribution.
As an innovative element in the field of human rights and based on other international
or regional conventions, it is suggested that the meetings of the Conference of States
Party should promote cooperation, dialogue, exchange of best practices and the review of
specific themes, among others.
The aforementioned should be complementary to the work of the Committee and have the
goal of contributing with State efforts to successfully undertake the commitments to which
States have contracted.
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