Ad Hoc Committee on a Comprehensive and Integral International
Convention on the Protection and Promotion of the Rights and Dignity of Per=
sons
with Disabilities
Eighth session,
DRAFT CONVENTION ON THE RIGHTS OF PERSONS WITH DIS=
ABILITIES
and DRAFT OPTIONAL PROTOCOL
The States Parties to the present Convention,
(a) Recalling the principles proclaimed=
in
the Charter of the United Nations which recognize the inherent dignity and
worth and the equal and inalienable rights of all members of the human fami=
ly
as the foundation of freedom, justice and peace in the world,
(b) Recognizing that the United Nations=
, in
the Universal Declaration of Human Rights and in the International Covenant=
s on
Human Rights, has proclaimed and agreed that everyone is entitled to all the
rights and freedoms set forth therein, without distinction of any kind,
(c) Reaffirming the universality,
indivisibility and interdependence of all human rights and fundamental free=
doms
and the need for persons with disabilities to be guaranteed their full
enjoyment without discrimination,
(c) bis Recognizing
(d) Recalling the International Covenan=
t on
Economic, Social and Cultural Rights, the International Covenant on Civil a=
nd
Political Rights, the International Convention on the Elimination of All Fo=
rms
of Racial Discrimination, the International Convention on the Elimination of
All Forms of Discrimination against Women, the Convention against Torture a=
nd
Other Cruel, Inhuman or Degrading Treatment or Punishment, the Convention on
the Rights of the Child, and the International Convention on the Protection=
of
the Rights of All Migrant Workers and Members of Their Families,
(e) Recognizing the importance of the
principles and policy guidelines contained in the World Programme of Action
concerning Disabled Persons and in the Standard Rules on the Equalization of
Opportunities for Persons with Disabilities in influencing the promotion,
formulation and evaluation of the policies, plans, programmes and actions a=
t the
national, regional and international levels to further equalize opportuniti=
es
for persons with disabilities,
(e) bis Emphasizing the importance of mainstreaming disability issues a=
s an
integral part of relevant strategies of sustainable development,
(f) Recognizing also that discrimination
against any person on the basis of disability is a violation of the inherent
dignity and worth of the human person,
(g) Recognizing further the diversity of
persons with disabilities,
(h) Recognizing the need to promote and
protect the human rights of all persons with disabilities, including those =
who
require more intensive support,
(i) Concerned that, despite these vario=
us
instruments and undertakings, persons with disabilities continue to face
barriers in their participation as equal members of society and violations =
of
their human rights in all parts of the world,
(j) Recognizing the importance of
international cooperation for improving the living conditions of persons wi=
th
disabilities in every country, particularly in developing countries,
(k) Emphasizing the importance of recog=
nizing
the valued existing and potential contributions made by persons with
disabilities to the overall well-being and diversity of their communities, =
and
that the promotion of the full enjoyment by persons with disabilities of th=
eir
human rights and fundamental freedoms and of full participation by persons =
with
disabilities will result in their enhanced sense of belonging and in
significant advances in the human, social and economic development of socie=
ty
and the eradication of poverty,
(l) Recognizing the importance for pers=
ons
with disabilities of their individual autonomy and independence, including =
the
freedom to make their own choices,
(m) Considering that persons with
disabilities should have the opportunity to be actively involved in
decision-making processes about policies and programmes, including those
directly concerning them,
(n) Concerned about the difficult condi=
tions
faced by persons with disabilities who are subject to multiple or aggravated
forms of discrimination on the basis of race, colour, sex, language, religi=
on,
political or other opinion, national, ethnic, indigenous or social origin,
property, birth, age or other status,
(o) Reco=
gnising
that women and girls with disabilities are often at greater risk, both with=
in
and outside the home of violence, injury or abuse, neglect or negligent
treatment, maltreatment or exploitation,
(p) Recognising that children with
disabilities should have full enjoyment of all human rights and fundamental
freedoms on an equal basis with other children, and recalling obligations to
that end undertaken by States Parties to the Convention on the Rights of the
Child;
(q) Emphasizing the need to incorporate=
a
gender perspective in all efforts to promote the full enjoyment of human ri=
ghts
and fundamental freedoms by persons with disabilities,
(r) Highlighting the fact that the majo=
rity
of persons with disabilities live in conditions of poverty, and in this reg=
ard
recognizing the critical need to address the negative impact of poverty on
persons with disabilities,
(s) Concerned that situations of armed
conflict and the occurrence of natural disasters have considerably increased
the experience of disability in war stricken and disaster prone countries, =
as well
as having especially devastating consequences for the human rights of perso=
ns
with disabilities,
(s) bis Bearing in mind that conditions of=
peace
and security based on full respect of the purposes and principles contained=
in
the Charter and observance of applicable human rights instruments are
indispensable for the full protection of persons with disabilities, in
particular during armed conflicts and foreign occupation,
(t) Recognizing the importance of
accessibility to the physical, social, economic and cultural environment, to
health and education and to information and communication, in enabling pers=
ons
with disabilities to fully enjoy all human rights and fundamental freedoms,=
(u) Realizing that the individual, havi=
ng
duties to other individuals and to the community to which he or she belongs=
, is
under a responsibility to strive for the promotion and observance of the ri=
ghts
recognized in the International Bill of Human Rights,
(v) Convinced that a comprehensive and
integral international convention to promote and protect the rights and dig=
nity
of persons with disabilities will make a significant contribution to redres=
sing
the profound social disadvantage of persons with disabilities and promote t=
heir
participation in the civil, political, economic, social and cultural spheres
with equal opportunities, in both developing and developed countries,
(v) bis Convinced that the family is the
natural and fundamental group unit of society and is entitled to protection=
by
society and the state, and that persons with disabilities and their family
members should receive the necessary protection and assistance to enable
families to contribute towards the full and equal enjoyment of the rights of
persons with disabilities,
Have agreed as follows:
The purpose=
of the
present Convention is to promote, protect and ensure the full and equal
enjoyment of all human rights and fundamental freedoms by all persons with
disabilities, and to promote respect for their inherent dignity.
Persons with
disabilities include those who have long-term physical, mental, intellectua=
l,
or sensory impairments which in interaction with various barriers may hinder
their full and effective participation in society on an equal basis with
others.
For the pur=
poses of
the present Convention:
“Communication” includes spoken and signed languages, display of
text, and Braille, and tactile communication, large print, written, audio,
accessible multimedia, plain language, human reader and augmentative and al=
ternative
modes, means and formats of communication, including accessible information=
and
communication technology;
“Disc= rimination on the basis of disability” means any distinction, exclusion or restriction on the basis of disability which has the purpose or effect of impairing or nullifying the recognition, enjoyment or exercise, on an equal basis with others, of all human rights and fundamental freedoms in the political, economic, social, cultural, civil or any other field. It includes all forms of discrimination, including denial of reasonable accommodation;<= o:p>
“Lang=
uage”
includes spoken and signed languages and other forms of non-spoken language=
s;
“Reas=
onable
Accommodation” means necessary and appropriate modification and
adjustments not imposing a disproportionate or undue burden, where needed i=
n a
particular case, to ensure to persons with disabilities the enjoyment or
exercise on an equal basis with others of all human rights and fundamental
freedoms;
“Univ=
ersal
design” and “inclusive design” mean the design of product=
s,
environments, programmes and services to be usable by all people, to the
greatest extent possible, without the need for adaptation or specialized
design. “Universal design” and “inclusive design” s=
hall
not exclude assistive devices for particular groups of persons with
disabilities where this is needed.
The princip=
les of
the present Convention shall be:
(a) Respect=
for
inherent dignity, individual autonomy including the freedom to make oneR=
17;s
own choices, and independence of persons;
(b)
Non-discrimination;
(c) Full and
effective participation and inclusion in society;
(d) Respect=
for
difference and acceptance of disability as part of human diversity and
humanity;
(e) Equalit=
y of
opportunity;
(f) Accessi=
bility;
(g) Equality
between men and women;
(h) Respect=
for the
evolving capacities of children with disabilities and respect for the right=
of
children with disabilities to preserve their identities.
1. States Parties undertake to ensure and promot=
e the
full realization of all human rights and fundamental freedoms for all perso=
ns
with disabilities without discrimination of any kind on the basis of
disability. To this end, States Parties undertake:
(a) To adopt all appropriate legislative,
administrative and other measures for the implementation of the rights
recognised in the present Convention;
(b) To take all appropriate measures, including
legislation, to modify or abolish existing laws, regulations, customs and p=
ractices
that constitute discrimination against persons with disabilities;
(c) To take into account the protection and prom=
otion
of the human rights of persons with disabilities in all policies and
programmes;
(d) To refrain from engaging in any act or pract=
ice
that is inconsistent with the present Convention and to ensure that public
authorities and institutions act in conformity with the present Convention;=
(e) To take all appropriate measures to eliminate
discrimination on the basis of disability by any person, organization or
private enterprise;
(f) To unde=
rtake or
promote the research, development, availability and use of:
i) Universal=
ly
designed goods, services, equipment and facilities, to meet the specific ne=
eds
of persons with disabilities, which should require the minimum possible
adaptation and the least cost to meet the specific needs of a person with
disabilities, and to promote universal design in the development of standar=
ds
and guidelines;
(ii) New
technologies, including information and communication technologies, mobility
aids, devices, assistive technologies, suitable for persons with disabiliti=
es,
giving priority to technologies at an affordable cost;
(g) To provide accessible information to persons=
with
disabilities about mobility aids, devices, and assistive technologies,
including new technologies, as well as other forms of assistance, support
services and facilities,
(h) To promote the training of professionals and=
staff
working with persons with disabilities in the rights recognised in this
Convention so as to better provide the assistance and services guaranteed by
those rights.
2. With regard to economic, social and cultural
rights, each State Party undertakes to take measures to the maximum of its
available resources and, where needed, within the framework of international
cooperation, with a view to achieving progressively the full realization of
these rights, without prejudice to those obligations contained in this
convention that are immediately applicable according to international law. =
4. Nothing in the present Convention shall affec=
t any
provisions which are more conducive to the realization of the rights of per=
sons
with disabilities and which may be contained in the law of a State Party or
international law in force for that State. There shall be no restriction up=
on
or derogation from any of the fundamental human rights recognised or existi=
ng
in any State Party to the present Convention pursuant to law, conventions,
regulation or custom on the pretext that the present Convention does not
recognise such rights or that it recognises them to a lesser extent.
5. The provisions of the present Convention shall
extend to all parts of federal states without any limitations or exceptions=
.
1. States P=
arties
recognize that all persons are equal before and under the law and are entit=
led
without any discrimination to the equal protection and equal benefit of the
law.
2. States P=
arties
shall prohibit all discrimination on the basis of disability and guarantee =
to
persons with disabilities equal and effective legal protection against
discrimination on all grounds.
4. Specific
measures which are necessary to accelerate or achieve de facto equality of
persons with disabilities shall not be considered discrimination under the
terms of the present Convention.
ARTICLE 6 - WOMEN WITH DISABILITIES
1. States Parties recognise that women and girls=
with
disabilities are subject to multiple discrimination,
and in this regard shall take measures to ensure the full and equal enjoyme=
nt
by them of all their human rights and fundamental freedoms.
2. States Parties shall take all appropriate mea=
sures
to ensure the full development, advancement and empowerment of women, for t=
he
purpose of guaranteeing them the exercise and enjoyment of the human rights=
and
fundamental freedoms set out in the present Convention.
1. States P=
arties
shall take all necessary measures to ensure the full enjoyment by children =
with
disabilities of all human rights and fundamental freedoms on an equal basis
with other children.
3. States P=
arties
shall ensure that children with disabilities have the right to express their
views freely on all matters affecting them, their views being given due wei=
ght
in accordance with their age and maturity, on an equal basis with other
children, and to be provided with disability and age-appropriate assistance=
to
realize that right.
1. States P=
arties
undertake to adopt immediate, effective and appropriate measures:
(a) To raise awareness throughout society, inclu=
ding
at the family level, regarding persons with disabilities, and to foster res=
pect
for their rights and dignity;
(b) To combat stereotypes, prejudices and harmful
practices relating to persons with disabilities, including those based on s=
ex
and age, in all areas of life;
(c) To promote awareness of the capabilities and
contributions of persons with disabilities.
2. Measures to this end include:
(a) Initiating and maintaining effective public
awareness campaigns designed:
(i) To nurture receptiveness to the rights of pe=
rsons
with disabilities;
(ii) To promote positive perceptions and greater
social awareness towards persons with disabilities;
(iii) To promote recognition of the skills,
merits, abilities and contributions of persons with disabilities to the
workplace and the labour market;
(b) Fostering at all levels of the education sys=
tem,
including in all children from an early age, an attitude of respect for the
rights of persons with disabilities;
(c) Encouraging all organs of the media to portr=
ay
persons with disabilities in a manner consistent with the purpose of the
present Convention;
(d) Promoting awareness training programmes rega=
rding
persons with disabilities and their rights.
1. To enable
persons with disabilities to live independently and participate fully in all
aspects of life, States Parties shall take appropriate measures to ensure to
persons with disabilities access, on an equal basis with others, to the
physical environment, to transportation, to information and communications,
including information and communications technologies and systems, and to o=
ther
facilities and services open or provided to the public, both in urban and in
rural areas. These measures, which shall include the identification and
elimination of obstacles and barriers to accessibility, shall apply to, int=
er
alia:
(a) Buildin=
gs,
roads, transportation and other indoor and outdoor facilities, including
schools, housing, medical facilities and workplaces;
(b) Informa=
tion,
communications and other services, including electronic services and emerge=
ncy
services.
2. States P=
arties
shall also take appropriate measures to:
(a) Develop,
promulgate and monitor the implementation of minimum standards and guidelin=
es
for the accessibility of facilities and services open or provided to the pu=
blic;
(b) Ensure =
that
private entities that offer facilities and services which are open or provi=
ded
to the public take into account all aspects of accessibility for persons wi=
th
disabilities;
(c) Provide
training for stakeholders on accessibility issues facing persons with
disabilities;
(d) Provide=
in
buildings and other facilities open to the public signage in Braille and in
easy to read and understand forms;
(e) Provide=
forms
of live assistance and intermediaries, including guides, readers and profes=
sional
sign language interpreters, to facilitate accessibility to buildings and ot=
her
facilities open to the public;
(f) Promote=
other
appropriate forms of assistance and support to persons with disabilities to
ensure their access to information;
(g) Promote=
access
for persons with disabilities to new information and communication technolo=
gies
and systems, including the Internet;
(h) Promote=
the
design, development, production and distribution of accessible information =
and
communications technologies and systems at an early stage, so that these
technologies and systems become accessible at minimum cost.
States Part=
ies
reaffirm that every human being has the inherent right to life and shall ta=
ke
all necessary measures to ensure its effective enjoyment by persons with
disabilities on an equal basis with others.
States part=
ies
shall take, in accordance with their obligations under international law,
including international humanitarian law and international human rights law,
all necessary measures to ensure protection and safety of persons with
disabilities in situations of risk, including situations of armed conflict,
humanitarian emergencies and the occurrence of natural disasters.
1. States P=
arties
reaffirm that persons with disabilities have the right to recognition
everywhere as persons before the law.
2. States P=
arties
shall recognize that persons with disabilities enjoy legal capacity[1] on an equa=
l basis
with others in all aspects of life.
3. States P=
arties
shall take appropriate measures to provide access by persons with disabilit=
ies
to the support they may require in exercising their legal capacity.
4. States P=
arties
shall ensure that all measures that relate to the exercise of legal capacity
provide for appropriate and effective safeguards to prevent abuse in accord=
ance
with international human rights law. Such safeguards shall ensure that meas=
ures
relating to the exercise of legal capacity respect the rights, will and
preferences of the person, are free of conflict of interest and undue
influence, are proportional and tailored to the person’s circumstance=
s,
apply for the shortest time possible and are subject to regular review by a
competent, independent and impartial authority or judicial body. The safegu=
ards
shall be proportional to the degree to which such measures affect the
person’s rights and interests.
5. Subject =
to the
provisions of this article Sta=
tes Parties
shall take all appropriate and effective measures to ensure the equal right=
of
persons with disabilities to own or inherit property, to control their own
financial affairs and to have equal access to bank loans, mortgages and oth=
er
forms of financial credit, and shall ensure that persons with disabilities =
are
not arbitrarily deprived of their property.
1. States P=
arties
shall ensure effective access to justice for persons with disabilities on an
equal basis with others, including through the provision of procedural and =
age
appropriate accommodations, in order to facilitate their effective role as
direct and indirect participants, including as witnesses, in all legal
proceedings, including at investigative and other preliminary stages.
1. States P=
arties
shall ensure that persons with disabilities, on an equal basis with others:=
(a) Enjoy t=
he right
to liberty and security of person;
(b) Are not
deprived of their liberty unlawfully or arbitrarily, and that any deprivati=
on
of liberty is in conformity with the law, and in no case shall the existenc=
e of
a disability justify a deprivation of liberty.
2. States P=
arties
shall ensure that if persons with disabilities are deprived of their liberty
through any process, they are, on an equal basis with others, entitled to
guarantees in accordance with international human rights law and shall be
treated in compliance with the objectives and principles of this Convention,
including by provision of reasonable accommodation.
ARTICLE 15 - FREEDOM FROM TORTURE OR CRUEL,
INHUMAN OR DEGRADING TREATMENT OR PUNISHMENT
1. No one s=
hall be
subjected to torture or to cruel, inhuman or degrading treatment or punishm=
ent.
In particular, no one shall be subjected without his or her free consent to
medical or scientific experimentation.
2. States P=
arties
shall take all effective legislative, administrative, judicial or other
measures to prevent persons with disabilities on an equal basis with others
from being subjected to torture or cruel, inhuman or degrading treatment or
punishment.
ARTICLE
16 - FREEDOM FROM EXPLOITATION, VIOLENCE AND ABUSE<=
/b>
1. States Parties shall take all appropriate
legislative, administrative, social, educational and other measures to prot=
ect
persons with disabilities, both within and outside the home, from all forms=
of
exploitation, violence and abuse, including their gender based aspects.
2. States Parties shall also take all appropriate
measures to prevent all forms of exploitation, violence and abuse by ensuri=
ng,
inter alia, appropriate forms of gender and age sensitive assistance and
support for persons with disabilities and their families and caregivers,
including through the provision of information and education on how to avoi=
d,
recognize and report instances of exploitation, violence and abuse. States
Parties shall ensure that protection services are age, gender and disability
sensitive.
4. States Parties shall take all appropriate mea=
sures
to promote the physical, cognitive and psychological recovery, rehabilitati=
on
and social reintegration of persons with disabilities who become victims of=
any
form of exploitation, violence or abuse, including through the provision of
protection services. Such recovery and reintegration shall take place in an
environment that fosters the health, welfare, self-respect, dignity and
autonomy of the person and takes into account gender and age specific needs=
.
5. States Parties shall put in place effective
legislation and policies, including women and child focused legislation and
policies, to ensure that instances of exploitation, violence and abuse agai=
nst
persons with disabilities are identified, investigated and, where appropria=
te,
prosecuted.
Every perso=
n with
disabilities has a right to respect for his or her physical and mental
integrity on an equal basis with others.
1. States P=
arties
shall recognize the rights of persons with disabilities to liberty of movem=
ent,
to freedom to choose their residence and to a nationality, on an equal basis
with others, including by ensuring that persons with disabilities:
(a) Have th=
e right
to acquire and change a nationality and are not deprived of their nationali=
ty
arbitrarily or on the basis of disability;
(b) Are not
deprived, on the basis of disability, of their ability to obtain, posses and
utilize documentation of their nationality or other documentation of
identification, or to utilize relevant processes such as immigration procee=
dings,
that may be needed to facilitate exercise of the right to liberty of moveme=
nt;
(c) Are fre=
e to
leave any country, including their own;
(d) Are not
deprived, arbitrarily or on the basis of disability, of the right to enter =
their own country.
2. Children=
with
disabilities shall be registered immediately after birth and shall have the
right from birth to a name, the right to acquire a nationality and, as far =
as
possible, the right to know and be cared for by their parents.
States Part=
ies to
this Convention recognise the equal right of all persons with disabilities =
to
live in the community, with choices equal to others, and shall take effecti=
ve
and appropriate measures to facilitate full enjoyment by persons with
disabilities of this right and their full inclusion and participation in the
community, including by ensuring that:
(a) Persons=
with
disabilities have the opportunity to choose their place of residence and wh=
ere
and with whom they live on an equal basis with others and are not obliged to
live in a particular living arrangement;
(b) Persons=
with
disabilities have access to a range of in-home, residential and other commu=
nity
support services, including personal assistance necessary to support living=
and
inclusion in the community, and to prevent isolation or segregation from the
community;
(c) Communi=
ty
services and facilities for the general population are available on an equal
basis to persons with disabilities and are responsive to their needs.
States Part=
ies
shall take effective measures to ensure personal mobility with the greatest
possible independence for persons with disabilities, including by:
(a) Facilit=
ating
the personal mobility of persons with disabilities in the manner and at the
time of their choice, and at affordable cost;
(b) Facilit=
ating
access by persons with disabilities to quality mobility aids, devices,
assistive technologies and forms of live assistance and intermediaries,
including by making them available at affordable cost;
(c) Providi=
ng
training in mobility skills to persons with disabilities and to specialist
staff working with persons with disabilities;
(d) Encoura=
ging
entities that produce mobility aids, devices and assistive technologies to =
take
into account all aspects of mobility for persons with disabilities.
ARTICLE 21 - FREEDOM OF EXPRESSION AND OPINION,
AND ACCESS TO INFORMATION
States Part=
ies
shall take all appropriate measures to ensure that persons with disabilities
can exercise their right to freedom of expression and opinion, including the
freedom to seek, receive and impart information and ideas on an equal basis
with others and through sign languages, Braille, augmentative and alternati=
ve
communication, and all other accessible means, modes and formats of
communication of their choice, including by:
(a) Providi=
ng
information intended for the general public to persons with disabilities in
accessible formats and technologies appropriate to different kinds of
disabilities in a timely manner and without additional cost;
(b) Accepti=
ng and
facilitating the use of sign languages, Braille, augmentative and alternati=
ve
communication, and all other accessible means, modes and formats of
communication of their choice by persons with disabilities in official
interactions;
(c) Urging =
private
entities that provide services to the general public, including through the
Internet, to provide information and services in accessible and usable form=
ats
for persons with disabilities;
(d) Encoura=
ging the
mass media, including providers of information through the Internet, to make
their services accessible to persons with disabilities;
(e) Recogni=
zing and
promoting the use of sign language.
1. No perso=
n with
disabilities, regardless of place of residence or living arrangements, shal=
l be
subjected to arbitrary or unlawful interference with his or her privacy,
family, home or correspondence or other types of communication or to unlawf=
ul
attacks on his or her honour and reputation. Persons with disabilities have=
the
right to the protection of the law against such interference or attacks.
2. States P=
arties
shall protect the privacy of personal, health and rehabilitation informatio=
n of
persons with disabilities on an equal basis with others.
ARTICLE 23 - RESPECT FOR HOME AND THE FAMI=
LY
1. States Parties shall take effective and appro=
priate
measures to eliminate discrimination against persons with disabilities in a=
ll
matters relating to marriage, family, parenthood and relationships, on an e=
qual
basis with others, so as to ensure that:
(b) The rights of persons with disabilities to d=
ecide
freely and responsibly on the number and spacing of their children and to h=
ave
access to age-appropriate information, reproductive and family planning
education are recognised, and the means necessary to enable them to exercise
these rights and the equal opportunity to retain their fertility are provid=
ed;
(c) Persons=
with
disabilities, including children, shall retain their fertility on an equal
basis with others.
2. States Parties shall ensure the rights and responsibilities of persons w=
ith
disabilities, with regard to guardianship, wardship, trusteeship and adopti=
on
of children, or similar institutions where these concepts exist in national
legislation; in all cases the interests of the children shall be paramount.
States Parties shall render appropriate assistance to persons with disabili=
ties
in the performance of their child-rearing responsibilities.
3. States Parties shall ensure that children with disabilities have equal r=
ights
with respect to family life. With a view to realising these rights, and to
prevent concealment, abandonment, neglect and segregation of children with
disabilities, States Parties shall undertake to provide early and comprehen=
sive
information, services and support to children with disabilities and their
families.
4. States Parties shall ensure that a child shall not be separated from his=
or
her parents against their will, except when competent authorities subject to
judicial review determine, in accordance with applicable law and procedures,
that such separation is necessary for the best interests of the child. In no
case shall a child be separated from parents on the basis of a disability of
either the child or one or both of the parents.
5. States Parties shall undertake that where the immediate family is unable=
to
care for a child with disabilities, to take every effort to provide alterna=
tive
care within the wider family, and failing that, within the community in a
family setting.
1. States Parties recognize the right=
of
persons with disabilities to education. With a view to realizing this right
without discrimination and on the basis of equal opportunity, States Parties
shall ensure an inclusive, education system at all levels, and life-long
learning, directed to:
(a) The full development=
of
the human potential and sense of dignity and self worth, and the strengthen=
ing
of respect for human rights, fundamental freedoms and human diversity;
(b) The development by persons with disabilities of their personality, tale=
nts
and creativity, as well as their mental and physical abilities, to their
fullest potential;
(c) Enabling persons with disabilities to participate effectively in a free
society.
(a) That persons with
disabilities are not excluded from the general education system on the basi=
s of
disability, and that children with disabilities are not excluded from free =
and
compulsory primary and secondary education on the basis of disability;
(b) That persons with
disabilities can access an inclusive, quality, free primary=
and
secondary education on an equal basis with others in the communities in whi=
ch
they live;
(c) Reasonable accommoda=
tion
of the individual’s requirements;
(d) That persons with
disabilities receive the support required, within the general education sys=
tem,
to facilitate their effective education;
(d) =
bis
That effective individualized support measures are provided in environments
that maximize academic and social development, consistent with the goal of =
full
inclusion.
3. States P=
arties
shall enable persons with disabilities to learn life and social development
skills to facilitate their full and equal participation in education and as
members of the community. To this end, States Parties shall take appropriate
measures, including:
(a) Facilitating the learning of Braille, alternative script, augmentative =
and
alternative modes, means and formats of communication, orientation and mobi=
lity
skills, and facilitating peer support and mentoring;
(b) Facilitating the learning of sign language and the promotion of the
linguistic identity of the deaf community;
(c) Ensuring that the education of persons, and in particular children, who=
are
blind, deaf and deafblind, is delivered in the most appropriate languages a=
nd
modes and means of communication for the individual, and in environments wh=
ich
maximize academic and social development.
5. States Parties shall =
ensure
that persons with disabilities are able to access general tertiary educatio=
n,
vocational training, adult education and lifelong learning without
discrimination and on an equal basis with others. To this end, States Parti=
es
shall ensure that reasonable accommodation is provided to persons with disa=
bilities.
States Parties recognize that persons with
disabilities have the right to the enjoyment of the highest attainable stan=
dard
of health without discrimination on the basis of disability. States Parties
shall take all appropriate measures to ensure access for persons with
disabilities to health services that are gender sensitive, including
health-related rehabilitation. In particular, States Parties shall:
(a) Provide persons with disabilities with the same range, quality and stan=
dard
of free or affordable health care and programmes as provided other persons,
including in the area of sexual and reproductive health and
population-based public health programmes;
(b) Provide those health services needed by pers=
ons
with disabilities specifically because of their disabilities, including ear=
ly
identification and intervention as appropriate, and services designed to
minimize and prevent further disabilities, including among children and the
elderly;
(c) Provide these health services as close as po=
ssible
to people’s own communities, including in rural areas;
(d) Require health professionals to provide care=
of
the same quality to persons with disabilities as to others, including on the
basis of free and informed consent by, inter alia, raising awareness of the
human rights, dignity, autonomy and needs of persons with disabilities thro=
ugh
training and the promulgation of ethical standards for public and private
health care;
(e) Prohibit discrimination against persons with
disabilities in the provision of health insurance, and life insurance where
such insurance is permitted by national law, which shall be provided in a f=
air
and reasonable manner;
(f) Prevent
discriminatory denial of health care or <=
span
lang=3DEN-GB style=3D'font-size:11.0pt;mso-ansi-language:EN-GB'>health services or food and fluids on the basis of disability.=
1. States P=
arties
shall take effective and appropriate measures, including through peer suppo=
rt,
to enable persons with disabilities to attain and maintain their maximum
independence, full physical, mental, social and vocational ability, and full
inclusion and participation in all aspects of life. To that end, States Par=
ties
shall organize, strengthen and extend comprehensive habilitation and
rehabilitation services, particularly in the areas of health, employment,
education and social services, in such a way that:
(a) Habilit=
ation
and rehabilitation services and programmes begin at the earliest possible
stage, and are based on the multidisciplinary assessment of individual needs
and strengths;
(b) Habilit=
ation
and rehabilitation services and programmes support participation and inclus=
ion
in the community and all aspects of society, are voluntary, and are availab=
le
to persons with disabilities as close as possible to their own communities,=
including
in rural areas.
2. States P=
arties
shall promote the development of initial and continuing training for
professionals and staff working in habilitation and rehabilitation services=
.
2. bis States parties shall promote the availability, kno=
wledge
and use of assistive devices and technologies, designed for persons with
disabilities, as they relate to habilitation and rehabilitation.
1. States Parties recognize the right of persons=
with
disabilities to work, on an equal basis with others; this includes the righ=
t to
the opportunity to gain a living by work freely chosen or accepted in a lab=
our
market and work environment that is open, inclusive and accessible to perso=
ns
with disabilities. States Parties shall safeguard and promote the realizati=
on
of the right to work, including for those who acquire a disability during t=
he
course of employment, by taking appropriate steps, including through
legislation, to, inter alia:
(a) Prohibit discrimination on the basis of disa=
bility
with regard to all matters concerning all forms of employment, including
conditions of recruitment, hiring and employment, continuance of employment,
career advancement, and safe and healthy working conditions;
(b) Protect the rights of persons with disabilit=
ies,
on an equal basis with others, to just and favourable conditions of work,
including equal opportunities and equal remuneration for work of equal valu=
e,
safe and healthy working conditions, including protection from harassment, =
and
the redressing of grievances;
(c) Ensure that persons with disabilities are ab=
le to
exercise their labour and trade union rights on an equal basis with others;=
(d) Enable persons with disabilities to have eff=
ective
access to general technical and vocational guidance programmes, placement
services and vocational and continuing training;
(e) Promote employment opportunities and career
advancement for persons with disabilities in the labour market, as well as
assistance in finding, obtaining and maintaining and returning to employmen=
t;
(f) Promote opportunities for self-employment,
entrepreneurship, the development of cooperatives and starting one’s =
own
business;
(g) Employ persons with disabilities in the publ=
ic
sector;
(h) Promote the employment of persons with disab=
ilities
in the private sector through appropriate policies and measures, which may
include affirmative action programmes, incentives and other measures;
(i) Ensure that reasonable accommodation is prov=
ided
to persons with disabilities in the workplace;
(j) Promote the acquisition by persons with disabilities of work experience=
in
the open labour market;
(k) Promote vocational and professional
rehabilitation, job retention and return-to-work programmes for persons with
disabilities.
2. States Parties shall ensure that persons with
disabilities are not held in slavery or in servitude, and are protected, on=
an
equal basis with others, from forced or compulsory labour.
1. States P=
arties
recognize the right of 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 and shall ta=
ke
appropriate steps to safeguard and promote the realization of this right
without discrimination on the basis of disability.
2. States P=
arties
recognize the right of persons with disabilities to social protection, and =
to
the enjoyment of that right without discrimination on the basis of disabili=
ty,
and shall take appropriate steps to safeguard and promote the realization of
this right, including measures:
(a) To ensu=
re equal
access by persons with disabilities to clean water serv=
ices,
and to ensure access to appropriate and affordable services, devices and ot=
her
assistance for disability related needs;
(b) To ensu=
re
access by persons with disabilities, in particular women and girls with
disabilities and the aged with disabilities, to social protection programmes
and poverty reduction programmes;
(c) To ensu=
re
access by persons with disabilities and their families living in situations=
of
poverty to assistance from the State with disability-related expenses
(including adequate training, counselling, financial assistance and respite
care);
(d) To ensu=
re
access by persons with disabilities to public housing programmes;
(e) To ensu=
re equal
access by persons with disabilities to retirement benefits and programs.
ARTICLE 29 - PARTICIPATION IN POLITICAL AND
PUBLIC LIFE
States Part=
ies
shall guarantee to persons with disabilities their political rights and the
opportunity to enjoy them on an equal basis with others, and shall undertake
to:
(a) Ensure that persons with disabilities can effectively and fully partici=
pate
in political and public life on an equal basis with others, directly or thr=
ough
freely chosen representatives, including the right and opportunity for pers=
ons
with disabilities to vote and be elected, inter alia, by:
(i) Ensuring that voting procedures, facilities and materials are appropria=
te,
accessible and easy to understand and use;
(ii) Protecting the right of persons with disabilities to vote by secret ba=
llot
in elections and public referendums, without intimidation, and to stand for
elections and to effectively hold office and perform all public functions at
all levels of government, facilitating the use of assistive and new
technologies where appropriate;
(iii) Guaranteeing the free expression of the will of persons with disabili=
ties
as electors and to this end, where necessary, at their request, allowing
assistance in voting by a person of their own choice.
(b) Promote actively an environment in which persons with disabilities can
effectively and fully participate in the conduct of public affairs, without
discrimination and on an equal basis with others, and encourage their
participation in public affairs, including:
(i) Participation in non-governmental organizations and associations concer=
ned
with the public and political life of the country, and in the activities and
administration of political parties;
(ii) Forming and joining organizations of persons with disabilities to
represent persons with disabilities at international, national, regional and
local levels.
ARTICLE 30 - PARTICIPATION IN CULTURAL LIFE,
RECREATION, LEISURE AND SPORT
1. States P=
arties
recognize the right of persons with disabilities to take part on an equal b=
asis
with others in cultural life, and shall take all appropriate measures to en=
sure
that persons with disabilities:
(a) Enjoy a=
ccess to
cultural materials in accessible formats;
(b) Enjoy a=
ccess to
television programmes, films, theatre, and other cultural activities, in
accessible formats;
(c) Enjoy a=
ccess to
places for cultural performances or services, such as theatres, museums, ci=
nemas,
libraries and tourism services, and, as far as possible, enjoy access to
monuments and sites of national cultural importance.
2. States P=
arties
shall take appropriate measures to enable persons with disabilities to have=
the
opportunity to develop and utilize their creative, artistic and intellectual
potential, not only for their own benefit, but also for the enrichment of
society.
3. States P=
arties
shall take all appropriate steps, in accordance with international law, to
ensure that laws protecting intellectual property rights do not constitute =
an
unreasonable or discriminatory barrier to access by persons with disabiliti=
es
to cultural materials.
4. Persons =
with
disabilities shall be entitled, on an equal basis with others, to recogniti=
on
and support of their specific cultural and linguistic identity, including s=
ign
languages and deaf culture.
5. With a v=
iew to
enabling persons with disabilities to participate on an equal basis with ot=
hers
in recreational, leisure and sporting activities, States Parties shall take
appropriate measures:
(a) To enco=
urage
and promote the participation, to the fullest extent possible, of persons w=
ith
disabilities in mainstream sporting activities at all levels;
(b) To ensu=
re that
persons with disabilities have an opportunity to organize, develop and
participate in disability-specific sporting and recreational activities, an=
d to
this end, encourage the provision, on an equal basis with others, of
appropriate instruction, training and resources;
(c) To ensu=
re that
persons with disabilities have access to sporting and recreational and tour=
ism
venues;
(d) To ensu=
re that
children with disabilities have equal access to participation in play,
recreation, and leisure and sporting activities, including those activities=
in the
school system;
(e) To ensu=
re that
persons with disabilities have access to services from those involved in the
organization of recreational, tourism, leisure and sporting activities.
1. States P=
arties
undertake to collect appropriate information, including statistical and
research data, to enable them to formulate and implement policies to give
effect to the present Convention. The process of collecting and maintaining
this information shall:
(a) Comply =
with
legally established safeguards, including legislation on data protection, to
ensure confidentiality and respect for the privacy of persons with
disabilities;
(b) Comply =
with
internationally accepted norms to protect human rights and fundamental free=
doms
and ethical principles of statistics.
2. The info=
rmation
collected in accordance with this article shall be disaggregated as appropr=
iate
and used to help assess the implementation of States Parties obligations un=
der
the present Convention, and to identify and address the barriers faced by
persons with disabilities in exercising their rights.
3. States P=
arties
shall assume the responsibility for the dissemination of these statistics a=
nd
ensure their accessibility to persons with disabilities and others.
1. States Parties recognize the importance of
international cooperation and its promotion, in support of national efforts=
for
the realization of the purpose and objectives of the present Convention, and
will undertake appropriate and effective measures in this regard, between a=
nd
among States and, as appropriate, in partnership with relevant international
and regional organizations and civil society, in particular organizations of
persons with disabilities. Such measures could include, inter alia:
(a) Ensuring that international cooperation, inc=
luding
international development programmes, are inclusive of, and accessible to,
persons with disabilities;
(b) Facilitating and supporting capacity-buildin=
g,
including through the exchange and sharing of information, experiences,
training programmes and best practices;
(c) Facilitating cooperation in research and acc=
ess to
scientific and technical knowledge; and
(d) Providing, as appropriate, technical and eco=
nomic
assistance, including by facilitating access to and sharing of accessible a=
nd
assistive technologies, and through the transfer of technologies.
2. The prov=
isions
of this article are without prejudice to the obligations of each state part=
y to
fulfill its obligations under the convention.
ARTICLE 33 - NATIONAL IMPLEMENTATIO=
N AND
MONITORING
1. States Parties, in accordance with their syst=
em of
organization, shall designate one or more focal points within government for
matters relating to the implementation of the present Convention, and shall
give due consideration to the establishment or designation of a coordination
mechanism within Government to facilitate related action in different secto=
rs
and at different levels.
2. States Parties shall, in accordance with thei=
r legal
and administrative systems, maintain, strengthen, designate or establish wi=
thin
the State Party, a framework, including one or more independent mechanisms,=
as
appropriate, to promote, protect and monitor implementation of the present
Convention. When designating or establishing such a mechanism, States Parti=
es
shall take into account the principles relating to the status and functioni=
ng
of national institutions for protection and promotion of human rights.
3. Civil so=
ciety,
in particular persons with disabilities and their representative organizati=
ons,
shall be involved and participate fully in the monitoring process.
1. There sh=
all be
established a Committee on the Rights of Persons with Disabilities (hereaft=
er
referred to as the Committee) which shall carry out the functions hereinaft=
er provided.
2. The Comm=
ittee
shall consist, at the time of entry into force of the present Convention, o=
f 12
experts. After an additional sixty ratifications or accessions to the
Convention, the membership of the Committee shall increase by 6 members,
attaining a maximum number of 18 members.
3. The memb=
ers of
the Committee shall serve in their personal capacity and shall be of high m=
oral
standing and recognized competence and experience in the field covered by t=
he
present Convention. When nominating their candidates, States Parties are
invited to give due consideration to the provision set out in article 4.3 of
the present Convention.
4. The memb=
ers of
the Committee shall be elected by States Parties, consideration being given=
to
equitable geographical distribution, the representation of the different forms of civilization and of the principal legal syste=
ms,
balanced gender representation and the participation of experts with
disabilities.
5. The memb=
ers of
the Committee shall be elected by secret ballot from a list of persons
nominated by the States Parties from among their nationals at meetings of
States Parties convened by the Secretary General of the United Nations. At
those meetings, for which two thirds of States Parties shall constitute a
quorum, the persons elected to the Committee shall be those who obtain the
largest number of votes and an absolute majority of the votes of the
representatives of States Parties present and voting.
6. The init=
ial
election shall be held no later than six months after the date of entry into
force of the present Convention. At least four months before the date of ea=
ch
election, the Secretary General of the United Nations shall address a lette=
r to
the States Parties inviting them to submit the nominations within two month=
s.
The Secretary General shall subsequently prepare a list in alphabetical ord=
er
of all persons thus nominated, indicating the State Parties which have
nominated them, and shall submit it to the States Parties to the present
Convention.
7. The memb=
ers of
the Committee shall be elected for a term of four years. They shall be elig=
ible
for re-election once. However, the term of six of the members elected at the
first election shall expire at the end of two years; immediately after the
first election, the names of these six members shall be chosen by lot by the
chairperson of the meeting referred to in paragraph 5 of this article.
8. The elec=
tion of
the six additional members of the Committee shall be held on the occasion of
regular elections, in accordance with the relevant provisions of this
article.
9. If a mem=
ber of
the Committee dies or resigns or declares that for any other cause she or h=
e can
no longer perform her or his duties, the State Party which nominated the me=
mber
shall appoint another expert possessing the qualifications and meeting the
requirements set out in the relevant provisions of this article, to serve for the remainder of the term.
10. The Com=
mittee
shall establish its own rules of procedure.
11. The Sec=
retary
General of the United Nations shall provide the necessary staff and facilit=
ies
for the effective performance of the functions of the Committee under the
present Convention, and shall convene its initial meeting.
12. With the
approval of the General Assembly, the members of the Committee established
under the present Convention shall receive emoluments from United Nations
resources on such terms and conditions as the Assembly may decide, having
regard to the importance of the Committee’s responsibilities.
13. The mem=
bers of
the Committee shall be entitled to the facilities, privileges and immunitie=
s of
experts on mission for the United Nations as laid down
in the relevant sections of the Convention on the Privileges and Immunities=
of
the United Nations.
1. Each Sta=
te Party
shall submit to the Committee, through the Secretary General of the United
Nations, a comprehensive report on measures taken to give effect to its
obligations under the present Convention and on the progress made in that
regard, within two years after the entry into force of the present Conventi=
on
for the State Party concerned.
2. Thereaft=
er,
States Parties shall submit subsequent reports at least every four years and
further whenever the Committee so requests.
3. The Comm=
ittee
shall decide any guidelines applicable to the content of the reports.
5. Reports =
may
indicate factors and difficulties affecting the degree of fulfillment of
obligations under the present Convention.
1. Each rep=
ort shall
be considered by the Committee, which shall make such suggestions and gener=
al
recommendations on the report as it may consider appropriate and shall forw=
ard
these to the State Party concerned. The State Party may respond with any
information it chooses to the Committee. The Committee may request further
information from States Parties relevant to the implementation of the prese=
nt
Convention
2. If a Sta=
te Party
is significantly overdue in the submission of a report, the Committee may
notify the State Party concerned of the need to examine the implementation =
of
the present Convention in that State Party, on the basis of reliable
information available to the Committee if the relevant report is not submit=
ted
within three months following the notification, and the Committee shall inv=
ite
the State Party concerned to participate in such examination. Should the St=
ate
Party respond by submitting the relevant report, the provisions of paragrap=
h 1
of this article will apply.
3. The Secr=
etary
General of the United Nations shall make available the reports to all States
Parties.
4. States P=
arties
shall make their reports widely available to the public in their own countr=
ies
and facilitate access to the suggestions and general recommendations relati=
ng
to these reports.
5. The Comm=
ittee
shall transmit, as it may consider appropriate, to the specialized agencies,
funds and programmes of the United Nations, and other competent bodies, rep=
orts
from States Parties in order to address a request or indication of a need f=
or
technical advice or assistance contained therein, along with the
Committee’s observations and recommendations, if any, on these reques=
ts
or indications.
1. Each Sta=
te party
shall cooperate with the Committee and assist its members in the fulfillmen=
t of
their mandate.
In order to=
foster
the effective implementation of the present Convention and to encourage
international cooperation in the field covered by the present Convention:
1. The spec=
ialized
agencies and other United Nations organs shall be entitled to be represente=
d at
the consideration of the implementation of such provisions of the present
Convention as fall within the scope of their mandate. The Committee may inv=
ite
the specialized agencies and other competent bodies as it may consider
appropriate to provide expert advice on the implementation of the Conventio=
n in
areas falling within the scope of their respective mandates. The Committee =
may
invite specialized agencies and other United Nations organs to submit repor=
ts
on the implementation of the Convention in areas falling within the scope of
their activities.
2. As it di=
scharges
its mandate, the Committee shall consult, as appropriate, other relevant bo=
dies
instituted by international human rights treaties, with a view to ensure the
consistency of their respective reporting guidelines, suggestions and gener=
al
recommendations, and avoid duplication and overlap in the performance of th=
eir functions.
The Committ=
ee shall
report every two years to the General Assembly and to the Economic and Soci=
al
Council on its activities, and may make suggestions and general recommendat=
ions
based on the examination of reports and information received from the States
Parties. Such suggestions and general recommendations shall be included in =
the
report of the Committee together with comments, if any, from States Parties=
.
1. The Stat=
es
Parties shall meet regularly in a Conference of States Parties in order to
consider any matter with regard to the implementation of the present
Convention.
2. No later=
than
six months after the entry into force of the present Convention, the Confer=
ence
of the States Parties shall be convened by the Secretary-General of the Uni=
ted
Nations. The subsequent meetings shall be convened by the Secretary-General=
of
the United Nations biennially or upon the decision of the Conference of Sta=
tes
Parties.
The
Secretary-General of the United Nations shall be the depositary of the pres=
ent
Convention.
The present
Convention shall be open for signature by all States and by regional
integration organizations at United Nations Headquarters in
The present
Convention shall be subject to ratification by signatory States and to form=
al
confirmation by signatory regional integration organizations. It shall be o=
pen
for accession by any State or regional integration organization which has n=
ot
signed the Convention.
1. “R=
egional
integration organization” shall mean an organization constituted by
sovereign States of a given region, to which its
Member States have transferred competence in respect of matters governed by
this Convention. Such organizations shall declare, in their instruments of
formal confirmation or accession, the extent of their competence with respe=
ct
to matters governed by this Convention. Subsequently, they shall inform the
depositary of any substantial modification in the extent of their competenc=
e.
2. Referenc=
es to
“States Parties” in the present Convention shall apply to such
organizations within the limits of their competence.
3. For the =
purposes
of Article 45, paragraph 1 and Article 47, paragraph 2 and 3, any instrument
deposited by a regional integration organization shall not be counted.
4. Regional
integration organizations, in matters within their competence, may exercise
their right to vote in the Conference of States Parties, with a number of v=
otes
equal to the number of their member States that are Parties to this Convent=
ion.
Such an organization shall not exercise its right to vote if any of its mem=
ber
States exercises its right, and vice versa.
1. The pres=
ent
Convention shall enter into force on the thirtieth day after the deposit of=
the
twentieth instrument of ratification or accession.
2. For each=
State
or regional integration organization ratifying, formally confirming or acce=
ding
to the Convention after the deposit of the twentieth such instrument, the
Convention shall enter into force on the thirtieth day after the deposit of=
its
own such instrument.
1. Reservat=
ions
incompatible with the object and purpose of the present Convention shall no=
t be
permitted.
2. Reservat=
ions may
be withdrawn at any time.
1. Any Stat=
e Party
may propose an amendment to the present Convention and submit it to the
Secretary-General of the United Nations. The Secretary-General shall
communicate any proposed amendments to States Parties, with a request to be
notified whether they favour a conference of States Parties for the purpose=
of
considering and deciding upon =
the
proposals. In the event that, within four months from the date of such
communication, at least one third of the States Parties favour such a
conference, the Secretary-General shall convene the conference under the au=
spices
of the United Nations. Any amendment adopted by a majority of two thirds of=
the
States Parties present and voting shall be submitted by the Secretary-Gener=
al
to the General Assembly for approval and thereafter to all States Parties f=
or
acceptance.
2. An amend=
ment
adopted and approved in accordance with paragraph 1 shall enter into force on the thirtieth day after the number of
instruments of acceptance deposited reaches two-thirds of the number of Sta=
tes
Parties at the date of adoption of the amendment. Thereafter, the amendment
shall enter into force for any State Party on the thirtieth day following t=
he
deposit of its own instrument of acceptance. An amendment shall be binding =
only
on those States Parties which have accepted it.
3. If so de=
cided by
the Conference of States Parties by consensus, an amendment adopted and
approved in accordance with paragraph 1 which relates exclusively to Articl=
es
34, 38, 39 and 40 shall enter into force for all States Parties on the
thirtieth day after the number of instruments of acceptance deposited reach=
es
two-thirds of the number of States Parties at the date of adoption of the
amendment.
A State Par=
ty may
denounce the present Convention by written notification to the Secretary-Ge=
neral
of the United Nations. The denunciation shall become effective one year aft=
er
the date of receipt of the notification by the Secretary-General.
The text of=
the
present Convention shall be made available in accessible format.
The Arabic,
Chinese, English, French, Russian and Spanish texts of the present Conventi=
on
shall be equally authentic.
In witness thereof the undersigned
plenipotentiaries, being duly authorized thereto by their respective
Governments, have signed the present Convention.
________________________=
________
Draft Optional Protocol =
to the
International Convention
on the Rights=
of
Persons with Disabilities
(to be adopted simultaneously with the
Convention)
The States Parties to the present Protocol have ag=
reed
as follows:
Article 1
2. No communication shall be received by the Committee if it concer=
ns a
State Party to the Convention that is not a party to the present Protocol. =
Article 2
The Commi=
ttee
shall consider a communication inadmissible when:
(a) the communication is anonymous;
(b) the communication constitutes an abuse of the right of
submission of such communications or is incompatible with the provisions of=
the
present Convention;
(c) the same matter has already been examined by the Commi=
ttee
or has been or is being examined under another procedure of international
investigation or settlement;
(d) all available domestic remedies have not been exhauste=
d.
This shall not be the rule where the application of the remedies is
unreasonably prolonged or unlikely to bring effective relief;
(e) it is manifestly ill-founded or not sufficiently
substantiated; or when
(f) the facts that are the subject of the communication oc=
curred
prior to the entry into force of the present Convention for the State Party
concerned unless those facts continued until that date.
Article 3
Subject to the provisions of Article 2 of the present Protocol, the
Committee shall bring any communications submitted to it confidentially to =
the
attention of the State Party. Within six months, the receiving State shall
submit to the Committee written explanations or statements clarifying the
matter and the remedy, if any, that may have been taken by that State.
Article 4
1. At any time after the receipt of a communication and before a
determination on the merits has been reached, the Committee may transmit to=
the
State Party concerned for its urgent consideration a request that the State
Party take such interim measures as may be necessary to avoid possible
irreparable damage to the victim or victims of the alleged violation.
2. Where the Committee exercises its discretion under paragraph 1 of
this article, this does not imply a determination on admissibility or on the
merits of the communication.
Article 5
The Committee shall hold closed meetings when examining communicati=
ons
under the present Protocol. After examining a communication, the Committee
shall forward its suggestions and recommendations, if any, to the State Par=
ty
concerned and to the petitioner.
Article 6
1. If the Committee receives reliable information indicating grave =
or
systematic violations by a State Party of rights set forth in the Conventio=
n,
the Committee shall invite that State Party to cooperate in the examination=
of
the information and to this end submit observations with regard to the
information concerned.
2. Taking into account any observations that may have been submitte=
d by
the State Party concerned as well as any other reliable information availab=
le
to it, the Committee may designate one or more of its members to conduct an
inquiry and to report urgently to the Committee. Where warranted and with t=
he
consent of the State Party, the inquiry may include a visit to its territor=
y.
3. After examining the findings of such an inquiry, the Committee s=
hall
transmit these findings to the State Party concerned together with any comm=
ents
and recommendations.
4. The State Party concerned shall, within six months of receiving =
the
findings, comments and recommendations transmitted by the Committee, submit=
its
observations to the Committee.
5. Such an inquiry shall be conducted confidentially and the
cooperation of the State Party shall be sought at all stages of the
proceedings.
Article 7
1. The Committee may invite the State Party concerned to include in=
its
report under article 35 of the Convention details of any measures taken in
response to an inquiry conducted under article 6 of the present Protocol.
2. The Committee may, if necessary, after the end of the period of =
six
months referred to in article 6.4, invite the State Party concerned to info=
rm
it of the measures taken in response to such an inquiry.
Each State =
Party
may, at the time of signature or ratification of the present Protocol or
accession thereto, declare that it does not recognize the competence of the
Committee provided for in articles 6 and 7.
The
Secretary-General of the United Nations shall be the depositary of the pres=
ent
Protocol.
The present
Protocol shall be open for signature by signatory States and regional
integration organizations of the Convention at United Nations Headquarters =
in
The present
Protocol shall be subject to ratification by signatory States of this Proto=
col
which have ratified or acceded to the Convention. It shall be subject to fo=
rmal
confirmation by signatory regional integration organizations of this Protoc=
ol
which have formally confirmed or acceded to the Convention. It shall be open
for accession by any State or regional integration organization which has
ratified, formally confirmed or acceded to the Convention and which has not
signed the Protocol.
1. “R=
egional
integration organization” shall mean an organization constituted by
sovereign States of a given region, to which its
Member States have transferred competence in respect of matters governed by=
the
Convention and this Protocol. Such organizations shall declare, in their
instruments of formal confirmation or accession, the extent of their compet=
ence
with respect to matters governed by the Convention and this Protocol.
Subsequently, they shall inform the depositary of any substantial modificat=
ion
in the extent of their competence.
2. Referenc=
es to
“States Parties” in the present Protocol shall apply to such
organizations within the limits of their competence.
3. For the =
purposes
of Article 13, paragraph 1 and Article 15, paragraph 2, any instrument depo=
sited
by a regional integration organization shall not be counted.
4. Regional
integration organizations, in matters within their competence, may exercise
their right to vote in the meeting of States Parties, with a number of votes
equal to the number of their member States that are Parties to this Protoco=
l.
Such an organization shall not exercise its right to vote if any of its mem=
ber
States exercises its right, and vice versa.
1. Subject =
to the
entry into force of the Convention, the present Protocol shall enter into f=
orce
on the thirtieth day after the deposit of the tenth instrument of ratificat=
ion
or accession.
2. For each=
State
or regional integration organization ratifying, formally confirming or acce=
ding
to the Protocol after the deposit of the tenth such instrument, the Protocol
shall enter into force on the thirtieth day after the deposit of its own su=
ch
instrument.
1. Reservat=
ions
incompatible with the object and purpose of the present Protocol shall not =
be
permitted.
2. Reservat=
ions may
be withdrawn at any time.
1. Any Stat=
e Party
may propose an amendment to the present Protocol and submit it to the
Secretary-General of the United Nations. The Secretary-General shall
communicate any proposed amendments to States Parties, with a request to be
notified whether they favour a meeting of States Parties for the purpose of
considering and deciding upon =
the
proposals. In the event that, within four months from the date of such
communication, at least one third of the States Parties favour such a meeti=
ng,
the Secretary-General shall convene the meeting under the auspices of the
United Nations. Any amendment adopted by a majority of two thirds of the St=
ates
Parties present and voting shall be submitted by the Secretary-General to t=
he
General Assembly for approval and thereafter to all States Parties for
acceptance.
2. An amend=
ment adopted
and approved in accordance with paragraph 1
shall enter into force on the thirtieth day after the number of instrum=
ents
of acceptance deposited reaches two-thirds of the number of States Parties =
at
the date of adoption of the amendment. Thereafter, the amendment shall enter
into force for any State Party on the thirtieth day following the deposit of
its own instrument of acceptance. An amendment shall be binding only on tho=
se
States Parties which have accepted it.
A State Par=
ty may
denounce the present Protocol by written notification to the Secretary-Gene=
ral
of the United Nations. The denunciation shall become effective one year aft=
er
the date of receipt of the notification by the Secretary-General.
The text of=
the
present Protocol shall be made available in accessible format.
The Arabic,
Chinese, English, French, Russian and Spanish texts of the present Protocol
shall be equally authentic.
In
witness thereof the undersigned plenipotentiaries, being duly authorized thereto by
their respective Governments, have signed the present Protocol.
<=
![if !supportFootnotes]>[1]=
In
Arabic, Chinese and Russian, the term “legal capacity” refers to
“legal capacity for rights”, rather than “legal capacity =
to
act”.
ADVANCE UNEDITED VERSION