Online Activities Hosted by
HomeSupportOnline DiscussionChatContact UsResources

my comment on the convention

US Grassroots Disability Organizations participants

From: David Oaks
Date: 6/11/2002
Time: 8:15:47 PM
Remote Name: 200.32.65.70

Comments

To: All participants in the June 12, 2002 Forum for U.S. Grassroots Disability Organizations on our Role in the Development of a United Nations International Convention on the Rights of People with Disabilities

People labeled with psychiatric disabilities are numerically one of the largest groups among all people given disability labels. But the extreme level of oppression experienced by our constituency means our people are seldom heard. I know you are receiving a sea of paper, so thanks so much for taking a moment to read this.

For three decades, psychiatric survivors and mental health consumers have created a diverse international social change movement that is increasingly cross-disability in its outreach.

Support Coalition International is an organization of psychiatric survivors and mental health consumers, open to all. Our non-profit unites 100 grassroots groups to win campaigns for human rights and alternatives. SCI is a UN NGO.

This note is just a brief introduction to a few concerns.

The National Council on Disability, with leadership from the late Rae Unzicker, created a superb addition to this field. We highly encourage the international application of their document From Privileges to Rights: People Labeled with Psychiatric Disabilities Speak for Themselves, January 20, 2000. www.ncd.gov

This document has ten core recommendations. The first: "Laws that allow the use of involuntary treatments such as forced drugging and inpatient and outpatient commitment should be viewed as inherently suspect, because they are incompatible with the principle of self-determination. Public policy needs to move in the direction of a totally voluntary community-based mental health system that safeguards human dignity and respects individual autonomy." more

Support Coalition International especially encourages your fierce opposition to any coerced procedure that is profoundly invasive, intrusive and potentially irreversible, such as, for example, the involuntary administration of psychosurgery, electroshock or neuroleptic psychiatric drugs against the expressed wishes of the subject. We affirm what our representatives succeeded in inserting in a document from a major NGO meeting on human rights (Vienna Plus Five): Certain psychiatric human rights violations fit the definition of torture.

We urgently call for a full range of humane and effective alternatives to be offered. Many of our members choose to use prescribed psychiatric drugs. But many other members do not. Some embrace their label. Others reject it. There needs to be room for diversity and choice. Unfortunately, the domination of the psychiatric pharmaceutical and mental health industry means people tend to be offered only one choice, if any: an increasingly narrow corporate medical model.

This medical model bias is globalizing. For example, the World Bank and World Health Organization have major global initiatives enlarging the mental health system. Their plans and policies do not adequately promote self-determination.

Support Coalition International (SCI) joins with the World Network of Users and Survivors of Psychiatry (WNUSP) in their specific input on a draft International Convention on the Rights of People with Disabilities. (See www.wnusp.org.)

o SCI and WNUSP unite in opposing any implied support for a harmful 1991 UN document on mental health and human rights that was disastrously created without substantive consumer/survivor input. It is a step backwards in protecting our human rights. The citation is: "Principles for the Protection of Persons with Mental Illness and for the Improvement of Mental Health Care" adopted by the General Assembly in its resolution 46/119 of 17 December 1991.

o We feel strongly there should be a call for no forced interventions in the name of treatment, and no incarceration on the basis of actual or perceived disability.

Thank you for reading this. Please contact me with questions and comments. For those of you staying for the NCIL conference, perhaps I will see you at the SCI exhibit booth Friday or Saturday. SCI also has a special emergency meeting you are invited to on Friday at 6 pm in the West A Ballroom of the Renaissance Hotel. Sincerely,

David Oaks, Director Support Coalition International

Re: Kallehauge

From: Leo Valdes
Date: 6/6/2002
Time: 11:17:15 PM
Remote Name: 24.82.108.190

Comments

Hello, Steven,

This discussion doesn't have an upload feature. But you can send me the document and I'll try to post it as a web page under the "Online Resources" tab. My email is lvaldes@visionoffice.com.

Regards, Leo Valdes, webmaster

Re: Personhood

From:
Date: 6/6/2002
Time: 7:52:13 AM
Remote Name: 64.154.73.231

Comments

I think it would be useful to say specifically that "Every human being is a person. Personhood is not a status to be conferred on any human being by another; rather, it is a fundamental right of all human beings to be recognized as persons."

From: Gregor Wolbring
Date: 6/4/2002
Time: 6:33:28 AM
Remote Name: 136.159.117.14

Comments

My comment are in the text starting MY COMMENT

Text of Elements for a United Nations Comprehensive and Integral International Convention to Promote and Protect the Rights and Dignity of Persons with Disabilities Preamble The States Parties to this Convention: a) Considering that the Charter of the United Nations reaffirms the value of the human person and is based on the principles of dignity and equality inherent to human beings; My Comment: the use of the term person is very dangerous taking into account the development which redefines personhood being attached to certain abilities. Should be taken out and exchanged with ‘human being’ or ‘member of the human race’. Furthermore dignity should be defined somewhere b) Considering that the Universal Declaration of Human Rights proclaims that all people are born free and equal in dignity and rights and that every person can invoke all the rights and freedoms established in this Declaration; My Comment: This suggest that you can not invoke all the rights if you are not a person. Again the term person should be taken out c) Recalling that all human beings are equal in the eyes of the law and that, in addition, they all have the same right to protection against any and every form of discrimination based on their condition, race, age, gender, or disability; My comment: if you start to list criteriums you should list them all or none. Sexual manifestastion/orientation is missing, ethnicity is missing (indigenous disabled people), poverty is missing, … Furthermore what does ‘condition mean?’ I think it’s better not to list characteristics in this section d) Considering that the States Parties to International Covenants on Human Rights have the obligation to guarantee all persons - without any distinction whatsoever and, therefore, regardless of their condition, disability, ailment, or illness - equality in the enjoyment of all civil, political, economic, social, and cultural rights; My Comment: there it is again the term person. As quite a few bioethicists believe that e.g. newborns and others as seen without enough cognitive abilities are no persons the use of the term person has quite a dangerous baggage attached to it

e) Recognizing the efforts of the United Nations to promote and protect the rights of persons with disabilities mirrored in the resolutions, declarations, rules, and recommendations it has issued to support the exercise of their rights and promote equality of opportunity for them; My Comment: the use of the term person again. Furthermore I don’t like the use of the term person with a disability. If we are to be accurate taken into account the new WHO definitions I assume it has to be person with an impairment if you want to use a individual centered definition of ‘defect’. In my humble understanding of English the term ‘person with a disability can’t cover the social model of disability as the term is ‘person individual’ centered not environmental centered f) Taking into consideration the regional and international instruments aimed at furthering the elimination of all forms of discrimination against persons with disabilities and promoting their equality of rights and opportunities enshrined in: the Inter-American Convention on the Elimination of All Forms of Discrimination Against Persons with Disabilities; the United Nations Standard Rules on Equalization of Opportunity for Persons with Disabilities; the Principles for the Protection of Persons with Mental Illness and the Improvement of Mental Healthcare; the Declaration on the Rights of Persons with Mental Disabilities; and, the Declaration on the Rights of Persons with Disabilities; My Comment: the term person again g) Mindful of the advances made by adopting the World Program of Action Concerning Disabled Persons and proclaiming 1983-1982 as the United Nations Decade of Disabled Persons; h) Noting the existing international norms contained in Convention 159 of the International Labor Organization on the vocational rehabilitation and employment of persons with disabilities; i) Heeding the recommendations issued by the Committees for Economic, Social, Cultural, Civil, and Political Rights concerning the elimination of discrimination against persons with disabilities; j) Noting with concern nonetheless that in spite of these efforts, people with disabilities continue to be the object of grave discrimination; k) Recalling that discrimination against any person for reasons of impairment, disability, or illness, whether temporary or permanent, violates the principles of equality of rights and respect for human dignity and that it impedes the enjoyment by persons with disabilities of equality of conditions in social, economic, political, and cultural life; My comment: substitute the term person reasoning see above l) Recognizing that in order to grant equality of opportunity to persons with disabilities, society must act so as to guarantee them access to physical, economic, social, and cultural resources; my comment: add here also ‘political resources’ m) Recognizing also that to achieve equality of opportunity for persons with disabilities, they must be guaranteed exercise of all the political, civil, economic, social, and cultural rights established in the International Covenants and other instruments of Human Rights; n) Taking into account that in order to guarantee persons with disabilities exercise or enjoyment of all the rights enshrined in the International Covenants and other instruments of Human Rights, every obstacle must be removed that hinders their effective participation, in conditions of equality, in all spheres of social, economic, cultural, and political life, as well as attaining their full integration in education and gainful employment; o) Concerned over the fact that poverty, marginalization, social ostracism, wars, and scant development contribute to the existence of high incidences of disability and, as such, that a vast number of disabled persons live in developing countries; my comment: I would add illness and impairment after the term disability so that illness and impairment cover the biological reality and disability covers the societal component p) Bearing in mind that in many cases, disability can be prevented by raising the development levels and quality of life of the world's population; My comment: I think here disability should be substituted with illness and impairment.

q) Recognizing that the strengthening of international peace and security and the prevention of conflicts contribute to reducing the high incidences of disability throughout the world; My comment: here again disability should be substituted with illness and impairment Have agreed to the following: Article 1 The object of this Convention is to: a) Promote, protect, and ensure the exercise and full enjoyment of all the rights of persons with disabilities; b) Eliminate all forms of discrimination against persons with disabilities in political, civil, economic, social, and cultural spheres; c) Achieve their full integration in economic and social life in conditions of equality of treatment and opportunity; d) Promote international cooperation so as to achieve the objectives of this Convention. My Comment: Do not use the term ‘person’ Article 2 For the purposes of this Convention, the following definitions shall apply: a) Persons with disabilities: Persons showing any physical, intellectual, or sensorial impairment, whether permanent or temporary, which limits their capacity to exercise one or more activities essential in everyday life and which may be brought on or made worse by the economic and social environment.

My comment: should emotional impairment be included ?like psychiatric people? And I would prefer the wording ‘which leads them to search for non mainstream solutions in order to exercise one or more….’

b) Discrimination against persons with disabilities: Any distinction, exclusion, or restriction based on a disability which results in hindering or destroying the recognition, enjoyment, or exercise - in conditions of equality - of the human rights and fundamental freedoms of persons with disabilities in political, economic, social, and cultural spheres, or in any other sphere of public life. My Comment: this definition of discrimination does not cover any prebirth attempt to prevent disabled people being born. This definition does nothing to prevent eugenic discrimination. In essence with this definition the only ones covered in the future would be people who aquire an impairment during their life and which could not be detected prior birth. I also wonder whether this definition would see the genetic discrimination laws as existing and as developing in many countries as discriminatory as they only cover ‘asymptomatic disabled people’? c) Impairment: Any loss or abnormality of an organic structure or psychological, physiological, or anatomical function. My Comment I prefer ‘not the norm fitting’ . abnormality has a defect negative connotation

d) Prevention: Adoption of measures aimed at stopping physical, intellectual, or sensorial impairments from occurring (primary prevention) or if they have already occurred, to stop them from having negative physical, psychological, and social consequences. e) Rehabilitation: Process whose purpose is to give persons with disabilities the wherewithal to achieve and maintain an optimum functional state from a physical, sensorial, intellectual, psychic or social perspective. My comment: Would that include that rehab personal has to work on changing the attitudinal and environmental parameters which disable the person? Article 3 To achieve the objectives of this Convention, States Parties pledge to: 1. Adopt the necessary measures, legislative or of any other kind, to eliminate every type of discrimination against persons with disabilities and to promote and protect their dignity. Among others, these measures include the following: a) Include legal equality for persons with disabilities in their national legislation. b) Amend or abolish laws, regulations, uses, or practices which constitute forms of discrimination against persons with disabilities, and, establish legal norms prohibiting and sanctioning the former. c) Create adequate legislation to protect the rights and dignity of persons with disabilities. d) Establish measures that help to redress harm done to persons with disabilities who have been discriminated against. My comment: as discrimination is defined this can’t deal with prebirth disability discrimination as established in the UK abortion law and the new still to be approved Canadian Reproduction Bill C-56. 2. Adopt the necessary specific measures for the full integration of persons with disabilities in all activities of social and economic life. 3. Have national censuses include detailed information - by age, gender, and type of disability - about the living conditions of persons with disabilities that contains, among other things, detailed data regarding access to public services and other programs concerning their treatment and rehabilitation, education, and employment. My comment: I think the term should be changed to ‘type of impairment/illness….’ ‘Type of disability’ suggests that we list the different types of environmental /societal attitudinal constrains 4. Guarantee the participation of disabled persons' organizations in the preparation and evaluation of measures and policies to achieve fulfillment of this Convention.

My comment: Why just the participation of disabled persons organizations? Should be disabled persons AND their organizations Article 4 Adoption by States Parties of legislative measures or of positive public or compensatory policies which establish different treatment aimed at promoting true equality of opportunity for persons with disabilities should not be taken as discrimination. These special measures will cease, once they have achieved the objectives of equality of opportunity and treatment for which they were designed. Article 5 States Parties pledge to adopt necessary specific measures in all the areas stated in this Convention so as to promote and protect the rights and dignity of persons with disabilities, especially those who for reasons of gender, age, race, ethnic background, or other conditions, find themselves in particularly vulnerable circumstances. Article 6 The States Parties to this Convention pledge to establish regulations whereby: a) Urban outfitting and public service facilities must include provisions for facilitating access, use, and the circulation of persons with disabilities. b) Vehicles and public transport services allow the access and mobility of persons with disabilities. c) Signs and basic forms of communication are installed to enable freedom of movement and access to all services. d) The construction and adaptation of dwellings comply with regulations regarding accessibility for persons with disabilities. e) Specific percentages of dwellings are earmarked for persons with disabilities and their families under the framework of related governmental programs. f) The participation of disabled peoples' organizations is guaranteed in the drawing up of regulations for said measures. Article 7 States Parties shall promote changing stereotypes, socio-cultural tendencies, customary practices, or those of any other nature which constitute a hindrance for persons with disabilities in the exercise of their rights. To this end, States Parties must: 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 positive and non-stereotype image of persons with disabilities and their families. c) Conduct campaigns in the mass media to inform interested parties and the general public about existing programs aimed at improving opportunities in education for persons with disabilities. d) Guarantee the participation of disabled people's organizations in the execution of these measures. My Comment: this can not be achieved if the prebirth eugenic dealing with ‘disability’ is not covered. Furthermore it should be again disabled people AND their organizations Article 8 States Parties pledge to ensure that persons with disabilities and their families have access to complete information on their rights, their medical diagnoses, and available programs and services. For this purpose, they shall adopt the following measures: My comment: the use of the term ‘medical diagnosis’ as written here could be interpreted that families have the right to know the medical disability status of their unborn/embryo through the use of prenatal/preimplantation diagnostic a) Design strategies so that information and documentation services are accessible to different groups of disabled persons using technology appropriate for each type of disability. b) Encourage the mass media, especially television, to make their services available to persons with disabilities. c) Ensure the permanent and simultaneous use of interpreters for persons with hearing or speaking disabilities in general-interest government programs. d) Promote access for persons with disabilities to the use and handling of new technologies. Article 9 States Parties shall take steps to prevent and reduce the incidence of disability and pledge to: My comment: do they mean disability as in illness defect impairment or disability as in environmentally societal attitudinal caused? a) Adopt all programs and actions necessary to eliminate the causes which bring on or worsen certain disabilities. These include poverty, physical violence inside and outside the home, the lack of healthcare services during old age, accidents, drug and alcohol abuse, inadequate medical practices, and the existence of anti-personnel mines. My comment: the above seems to suggest that it would be more accurate to use the term impairment illness here. Furthermore why is it just’ lack of healthcare during old age? It’s lack of health care period. Furthermore what is mend with inadequate medical practices? b) Provide information and attention to opportunely detect and reduce early signs or symptoms of disability. My comment: this could be interpreted as agreeing to eugenic prebirth measures. Furthermore again it seems that here the term illness /impairment is mend not disability Article 10 States Parties recognize that all persons with disabilities have the right to receive the medical and rehabilitation services they require. To this end, States Parties shall take appropriate steps to: a) Provide all persons with disabilities with the healthcare and rehabilitation services in keeping with each type of disability. b) Ensure that all medical and nursing staff are properly qualified and have access to the appropriate technologies and treatment methods to provide attention to persons with disabilities. c) Ensure that persons with disabilities and their relatives participate in the taking of decisions regarding the feasibility and type of medical or therapeutic treatment best suited to their particular case. d) Guarantee that persons with disabilities, especially breastfeeding mothers and children, receive quality medical attention within state healthcare systems. e) Adopt all measures necessary to guarantee that medical attention provided to persons with disabilities includes the following: 1. Early detection, diagnosis, and treatment. 2. Modern medical assistance and treatment which include the use of new technologies. 3. Counseling as well as social, psychological, and other assistance for persons with disabilities, and their families. 4. Training in self-care activities, including aspects of mobility, communication, and skills for daily life. 5. Provision of assistance with technology, mobility, and aid devices. 6. Monitoring of cases. My comment: I would say ‘medical and psychological/social attention’ and later on something like Provision of psychological and societal help which help the disabled member of the human race to see their self worth and to be at ease with who they are Article 11 States Parties must ensure that persons with disabilities are not excluded from public healthcare services, nor - without their full and free consent - may they be subjected to any kind of medical or scientific experiment, and, must also prevent persons with disabilities from being subjected to any form of exploitation, abusive, or degrading treatment in hospitals and psychiatric institutions. Article 12 States Parties pledge to adopt the measures necessary to provide the best possible attention in mental healthcare and to guarantee that persons with intellectual disabilities are treated in accordance with their rights and dignity as human beings. To this end, States Parties must ensure that: a) The diagnosis of an intellectual impairment is made in compliance with internationally established scientific norms. b) No patient is subjected to physical restrictions nor involuntary confinement without the intercession and approval of the competent medical and legal authorities. c) Public and private psychiatric institutions are painstakingly monitored by the health authorities in order to ensure that the living conditions of and treatment administered to said institutions' patients are in keeping with respect for their dignity and human rights. d) Personnel employed in these institutions have the proper professional qualifications, as well as ongoing training. e) Patients and their representatives or relatives have access to all information contained in the medical records kept by the psychiatric institution, and, have full recourse to mechanisms of question or formal complaint in cases of abuse or negligence. My comment: Isn’t intellectual impairment different from psychiatric impairments? It seems the two are mixed up in the above Article 13 States Parties shall adopt all measures necessary to eliminate discrimination against persons with disabilities and ensure - in conditions of equality of opportunity - their inclusion, continuance, and participation in formal education activities at all levels: For this purpose, States Party must: a) Include education for persons with disabilities in national teaching plans, in the preparation of study programs, and in scholastic organization so as to guarantee their access to the formal education system. b) Guarantee public education free of charge at all levels and types for persons with disabilities. c) Promote the creation, production, and distribution of educational materials and technical support tailored to the education needs of persons with disabilities. d) Promote regulations to ensure that the design of school buildings includes the infrastructure necessary to meet the specific needs of persons with disabilities. e) Create, design, and perfect special teaching and evaluation systems tailored to the specific needs of persons with disabilities, to be included in formal education programs. f) Establish permanent training and updating for teachers and other professionals involved in the education of persons with disabilities. g) Conduct consultations with disabled peoples' organizations to effect adaptations in education plans and programs. My comment: shouldn’t the term education in an inclusive setting be use somewhere? And it should be disabled people AND their organizations Article 14 States Parties recognize the right of persons with disabilities to gainful employment appropriate to their condition and pledge to adopt all measures necessary for their integration into the labor market, in conditions of equality. To this end, States Parties shall mainly adopt the following measures: a) Promote the placement and continuance of persons with disabilities in the labor market and adopt the use of positive measures that further their access to employment. b) Promote training, instruction, updating, and employment programs for persons with disabilities and those who assist them. c) Regulate the design and adaptation of workplaces, work instruments, and working hours to make them accessible for persons with disabilities. d) Grant incentives to companies to hire persons with disabilities and encourage employers to facilitate their freedom of movement to attend medical appointments, therapy, or any other activity necessary for their rehabilitation. e) Prohibit and sanction discriminatory regulations and practices which restrict or deny access, continuance, and the promotion of persons with disabilities in the open labor market. f) Prohibit and sanction discriminatory regulations and practices with regard to wages, benefits, and working conditions of persons with disabilities for work of equal value. g) Implement awareness campaigns to overcome negative attitudes and prejudices that affect men and women with disabilities in the workplace. Article 15 States Parties pledge to promote efforts so that individual hiring, collective labor agreements, and labor regulations protect persons with disabilities as regards hiring, promotion, and working conditions. Article 16 States Parties pledge to eliminate all laws or practices which restrict the right of persons with disabilities to enjoy the benefits of social security and shall ensure recognition of this right by adopting measures to: a) Ensure that social security systems and other social welfare programs for the public in general do not exclude persons with disabilities. b) Develop social security programs which cater to the specific needs of persons with disabilities. c) Ensure that any lack of formal or permanent employment on the part of persons with disabilities does not restrict their access to social security services. Article 17 States Parties recognize that persons with disabilities are fully entitled to form their own families, except in cases of serious intellectual impairment, as established under national legislations. For this purpose, States Parties must take steps to: a) Guarantee that laws do not discriminate against persons with disabilities in matters of matrimony, procreation, and patrimonial inheritance. b) Guarantee that persons with disabilities have the necessary information regarding sex education and family planning. c) Promote special protection and assistance for women with disabilities, particularly during pregnancy, on giving birth, and during breastfeeding. d) Undertake awareness campaigns so as to change negative attitudes and social prejudices about the sexuality, marriage, paternity, and maternity of persons with disabilities. My comment the term’ except in cases of serious intellectual impairment, as established under national legislations’ leaves the door open fort discrimination against intellectually impaired members of the human race as serious will be defined different in any national setting Article 18 States Parties recognize that persons with disabilities are vulnerable to different forms of sexual abuse, as well as to physical and psychological violence within the family, in schools, the workplace, and in healthcare institutions. Therefore, States Parties pledge to: a) In national laws, categorize violence inside and outside the home against and sexual abuse of persons with disabilities as serious crimes, and adopt the necessary measures to sanction them. b) Promote efforts so that rehabilitation services also offer orientation and protection against these kinds of abuse. c) Inform persons with disabilities and their families regarding the established measures against violence and the different forms of sexual abuse inside and outside the home. Article 19 States Parties recognize the right of persons with disabilities to participate fully in social, cultural, sports, and recreational activities. For this purpose, States Parties shall adopt the following measures: a) Ensure that laws and regulations pertaining to social, cultural, artistic, sports, and recreational centers include the obligation to adapt such centers so as to ease access to and use of their facilities and services for persons with disabilities. b) Encourage sports organizations to foster the inclusion of persons with disabilities in their routine activities and in national and international competitions. c) Further the establishment of a system of scholarships or special incentives to promote access to artistic and sports activities for persons with disabilities. d) Constantly consult with disabled peoples' organizations regarding the creation and development of social, cultural, artistic, sports, and recreational programs. e) Encourage persons with disabilities to exercise the same right as others to make use of public spaces designed for social, cultural, sports, and recreational purposes. My comment : should be disabled people AND their organizations Article 20 The States Parties to this Convention pledge to: a) Guarantee exercise of the right to universal and equal suffrage and secret vote of all persons with disabilities, and for said purpose, incorporate the use of specialized instruments and technologies for each type of disability in election mechanisms. b) Establish mechanisms and positive steps which promote the inclusion of persons with disabilities in public administration posts and as candidates to positions of popular election. c) Guarantee the right of persons with disabilities to freedom of association and to form their own organizations. Article 21 States Parties pledge that all persons with disabilities who are subjects of criminal proceedings or a court sentence must enjoy all their rights, particularly the right to the assistance, free of charge, of interpreters, translators, or legal counsel, in order to conduct their defense and receive specialized healthcare and rehabilitation services. Article 22 1. Based on their internal legal systems, States Parties pledge to create or strengthen national institutions responsible for safeguarding the rights and dignity of persons with disabilities, who must also be represented and included among those forming part of said institutions. 2. The principal functions of these institutions must include monitoring the implementation of this Convention, particularly the objectives established in Article 3, as well as drawing up the appropriate recommendations for their fulfillment. 3. These national institutions shall function as mechanisms of coordination between States Parties and disabled peoples' organizations. 4. The institutions established shall conduct a five-yearly evaluation of the national implementation of the Convention, and, of the steps that must be taken to achieve its objectives. Article 23 States Parties agree to consult and cooperate with each other as regards putting into practice the regulations of this Convention. To this end, they pledge to: a) Promote international cooperation for the prevention of disabilities. b) Promote international programs aimed at rehabilitation, the attainment of equality of opportunity and treatment for persons with disabilities, and achievement of all the objectives established in this Convention. c) Effectively exchange the latest advances in scientific research and the development of technology pertaining to the prevention and treatment of disabilities, and, the rehabilitation and integration into society of persons with disabilities. d) Promote courses, seminars, and workshops for training and research. My comment: under a) do they mean disability or do they mean impairment/illness? Under c) for sure the term disability has to be exchanged for impairment/illness. Furthermore c) could be interpreted as the support for eugenic prebirth measures and the use of any new technology like genetic therapy genetic enhancement embryonic stem cells…. It’s like a card blanche. Article 24 1. In order to monitor the implementation of this Convention, a Committee of Experts on the Rights of Persons with Disabilities (hereinafter referred to as "the Committee") shall be set up, the functions of which shall be mentioned later in this document. The Committee will be comprised of 12 experts (men and women) of high moral integrity and with recognized competence in matters of the protection and furtherance of the rights and dignity of persons with disabilities and who shall exercise their functions in a personal capacity. 2. Committee members shall be elected by secret vote from a list of persons appointed by States Parties. Each State Party may appoint a person from among its own nationals. 3. At the latest, initial elections will be held six months following the entry into force of this Convention. At least four months prior to the date of each election, the Secretary General of the United Nations will extend a written invitation to States Parties to submit their candidatures within a period of three months. The Secretary General will then draw up a list, in alphabetical order, of the persons appointed, indicating the States Parties they were put forward by, and informing States Parties to said effect. 4. Committee members shall be elected at a meeting of the States Parties which will be convened by the Secretary General and held at United Nations headquarters. At this meeting, quorum for which will be constituted by the attendance of two thirds of the States Parties, candidates to the Committee shall be considered elected based on the highest number of votes and on the absolute majority of votes from States Parties' representatives, present and voting. 5. Committee members shall be elected for a term of four years. They may be reelected, if their candidatures are put forward once again. 6. In order to cover unexpected vacancies, the State Party whose expert has terminated functions as a Committee member may appoint another expert from among its own nationals, subject to approval of the Committee. Article 25 1. States Parties pledge to submit to the Secretary General of the United Nations - to be examined by the Committee - a report on the legislative, judicial, administrative, or any other measures they have adopted to give effect to the provisions of this Convention. 2. Reports submitted by States Parties must specify advances as well as difficulties affecting fulfillment of the obligations of this Convention. They must likewise contain sufficient information regarding difficulties found in their implementation. 3. The functions of the Committee will be to evaluate the national reports submitted periodically by the Party States on the advances and difficulties in the implementation of the Convention, and, to make specific recommendations to Party States, to specialized organizations, and to other competent agencies so as to further advance implementation of this Convention. 4. With a view to facilitating the implementation of the Convention, the Committee shall identify areas of cooperation among States Parties and between these and specialized organizations and other competent agencies. To this end, the Committee, having evaluated the national reports, shall deliver its recommendations to the States Parties, as well as to the representatives of specialized organizations and other competent agencies. 5. The Committee may deliver - to the specialized organizations and other competent bodies - reports from States Parties which contain requests for financial and technical assistance, together with the Committee's observations and suggestions. 6. In order to identify advances and difficulties in the implementation of this Convention and to make specific recommendations to States Parties and other competent agencies, the Committee shall invite specialized organizations, other competent agencies, and non-governmental organizations to participate in evaluating the implementation of this Convention and submit reports thereof. 7. The Committee may recommend technical assistance from United Nations agencies at any stage of the report evaluation process or during the implementation of its final recommendations. 8. States Parties shall submit their reports for evaluation by the Committee: a) Within a term of one year following the entry into force of the Convention for the State Party in question. b) Thereafter, every four years, or, whenever requested by the Committee. 9. In their periodic reports, States Parties pledge to include a chapter on the situation of boys, girls, women, and elderly persons with disabilities and on steps taken to deal with their particular situation, including special measures to guarantee them equality of access to education and employment, healthcare and social security services, as well as their participation in all spheres of economic, social, and cultural life. 10. Pursuant to this Convention, the Committee shall present an annual report on its activities to the States Parties and to the United Nations General Assembly. Article 26 1. The Committee shall elect its Board for a term of two years. Members of the Board may be reelected for a similar period. 2. The Committee shall establish its own rules which, among other things, shall stipulate that: a) Eight members shall constitute quorum. b) Decisions of the Committee shall be taken by a majority of votes from members present. 3. The Committee shall normally meet every year for a period not to exceed two weeks to evaluate reports submitted in compliance with Article 26 of this Convention. 4. The Secretary General of the United Nations shall provide the staff and services necessary for the effective performance of the functions of the Committee, pursuant to this Convention. 5. Mindful of the importance of the functions of the Committee and subject to prior approval of the General Assembly, the members of the Committee shall receive emoluments from United Nations funds, to be paid in the manner and conditions determined by the General Assembly. Article 27 1. All States Parties to this Convention may propose an amendment and deposit it with the Secretary General of the United Nations. a) The Secretary General shall inform States Parties regarding the proposed amendment, asking them to notify him should they wish to convene a conference of States Parties to examine the proposal and put it to a vote. b) If within the four months following receipt of this notification at least one third of the Party States come out in favor of convening, then the Secretary General shall convene an amendment conference, under the auspices of the United Nations. c) Any amendment adopted by a majority of the States Parties present and voting at the conference shall be submitted by the Secretary General to the United Nations General Assembly for its approval. d) Any amendment adopted pursuant to paragraph 1 of this Article shall come into force once it has been approved by the United Nations General Assembly and accepted by a two-thirds majority of the States Parties. e) When amendments come into force, they shall be obligatory for the States Parties that have accepted them, inasmuch as the other States Parties shall be bound by the regulations of this Convention and by the previous amendments they have accepted. 2. States not Party to this Convention, as well as specialized organizations, non-governmental organizations, and other competent agencies shall be entitled to attend the Amendment Conference as observers, pursuant to the agreed Rules of Procedure. Article 28 Each State Party pledges to widely disseminate this Convention and to publicize it. Article 29 1. The Secretary General of the United Nations is designated as the repository of this Convention. 2. This Convention shall be open for signing to all United Nations Member States. 3. This Convention shall be open for ratification or accession to all United Nations Member States. 4. Instruments of signing, accession, or ratification shall be deposited with the Secretary General of the United Nations. Article 30 This Convention shall come into force on the thirtieth day following the date on which the tenth instrument of ratification or accession has been deposited with the Secretary General of the United Nations. Article 31 1. The original of this Convention, of which the texts in Chinese, Spanish, French, English, and Russian are equally authentic, shall be deposited in the archives of the United Nations. 2. The Secretary General of the United Nations shall send certified copies of this Convention to all States Parties.

I am Dr. Gregor Wolbring webpage: http://www.thalidomide.ca/gwolbring and newer version in development at http://www.bioethicsanddisability.org Founder and Coordinator of the International Network on Bioethics and Disability; a Network supported by the International Association of Bioethics To subscribe to the Network go to http://groups.yahoo.com/group/Bioethics/join or send a blank e-mail to bioethics-subscribe@yahoogroups.com Biochemist at the Dept. of Biochemistry and Molecular Biology Adjunct Assistant Professor for bioethical issues at the Dept. of Community Rehabilitation and Disability Studies Faculty of Education University of Calgary, Alberta Canada

Adjunct Assistant Professor with the John Dossetor Health Ethic Center, University of Alberta, Edmonton, Alberta, Canada

Phone 1-403-220-5448 Fax 1-403-283-4740 e-mail gwolbrin@ucalgary.ca