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The Convention on the Rights of People with Disabilities

Preamble

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 family 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 Covenants 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, interdependence and

interrelatedness of all human rights and fundamental freedoms and the need for

persons with disabilities to be guaranteed their full enjoyment without

discrimination,

 

(d) Recalling the International Covenant on Economic, Social and

Cultural Rights, the International Covenant on Civil and Political Rights, the

International Convention on the Elimination of All Forms of Racial

Discrimination, the Convention on the Elimination of All Forms of

Discrimination against Women, the Convention against Torture and 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 that disability is an evolving concept and that

disability results from the interaction between persons with impairments and

attitudinal and environmental barriers that hinders their full and effective

participation in society on an equal basis with others,

 

(f) 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 at the national,

regional and international levels to further equalize opportunities for persons

with disabilities,

 

(g) Emphasizing the importance of mainstreaming disability issues as

an integral part of relevant strategies of sustainable development,

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(h) 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,

 

(i) Recognizing further the diversity of persons with disabilities,

 

(j) Recognizing the need to promote and protect the human rights of

all persons with disabilities, including those who require more intensive

support,

 

(k) Concerned that, despite these various 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,

 

(l) Recognizing the importance of international cooperation for

improving the living conditions of persons with disabilities in every country,

particularly in developing countries,

 

(m) Recognizing 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 their 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 society and the eradication of poverty,

 

(n) Recognizing the importance for persons with disabilities of their

individual autonomy and independence, including the freedom to make their

own choices,

 

(o) 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,

 

(p) Concerned about the difficult conditions faced by persons with

disabilities who are subject to multiple or aggravated forms of discrimination

on the basis of race, colour, sex, language, religion, political or other opinion,

national, ethnic, indigenous or social origin, property, birth, age or other status,

 

(q) Recognizing that women and girls with disabilities are often at

greater risk, both within and outside the home, of violence, injury or abuse,

neglect or negligent treatment, maltreatment or exploitation,

 

(r) Recognizing that children with disabilities should have full

enjoyment of all human rights and fundamental freedoms on an equal basis

– 3 –

with other children, and recalling obligations to that end undertaken by States

Parties to the Convention on the Rights of the Child,

 

(s) Emphasizing the need to incorporate a gender perspective in all

efforts to promote the full enjoyment of human rights and fundamental

freedoms by persons with disabilities,

 

(t) Highlighting the fact that the majority of persons with disabilities

live in conditions of poverty, and in this regard recognizing the critical need to

address the negative impact of poverty on persons with disabilities,

 

(u) Bearing in mind that conditions of peace and security based on

full respect for the purposes and principles contained in the Charter of the

United Nations 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,

 

(v) Recognizing the importance of accessibility to the physical,

social, economic and cultural environment, to health and education and to

information and communication, in enabling persons with disabilities to fully

enjoy all human rights and fundamental freedoms,

 

(w) Realizing that the individual, having 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 rights recognized in the

International Bill of Human Rights,

 

(x) 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,

 

(y) Convinced that a comprehensive and integral international

convention to promote and protect the rights and dignity of persons with

disabilities will make a significant contribution to redressing the profound

social disadvantage of persons with disabilities and promote their participation

in the civil, political, economic, social and cultural spheres with equal

opportunities, in both developing and developed countries,

 

Have agreed as follows:

 

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Article 1

Purpose

 

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, intellectual or sensory impairments which in interaction with various

barriers may hinder their full and effective participation in society on an equal

basis with others.

 

Article 2

Definitions

 

For the purposes of the present Convention:

 

“Communication” includes languages, display of text, Braille, tactile

communication, large print, accessible multimedia as well as written, audio,

plain-language, human-reader and augmentative and alternative modes, means

and formats of communication, including accessible information and

communication technology;

 

“Language” includes spoken and signed languages and other forms of

non spoken languages;

 

“Discrimination 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;

 

“Reasonable accommodation” means necessary and appropriate

modification and adjustments not imposing a disproportionate or undue

burden, where needed in 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;

 

“Universal design” means the design of products, 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” shall not exclude assistive devices for particular groups of persons

with disabilities where this is needed.

 

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Article 3

General principles

 

The principles of the present Convention shall be:

 

(a) Respect for inherent dignity, individual autonomy including the

freedom to make one’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 persons with disabilities

as part of human diversity and humanity;

 

(e) Equality of opportunity;

 

(f) Accessibility;

 

(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.

 

Article 4

General obligations

 

1. States Parties undertake to ensure and promote the full realization of all

human rights and fundamental freedoms for all persons 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 recognized in the present

Convention;

 

(b) To take all appropriate measures, including legislation, to modify

or abolish existing laws, regulations, customs and practices that constitute

discrimination against persons with disabilities;

 

(c) To take into account the protection and promotion of the human

rights of persons with disabilities in all policies and programmes;

 

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(d) To refrain from engaging in any act or practice 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 undertake or promote research and development of universally

designed goods, services, equipment and facilities, as defined in article 2 of the

present Convention, which should require the minimum possible adaptation

and the least cost to meet the specific needs of a person with disabilities, to

promote their availability and use, and to promote universal design in the

development of standards and guidelines;

 

(g) To undertake or promote research and development of, and to

promote the availability and use of new technologies, including information

and communications technologies, mobility aids, devices and assistive

technologies, suitable for persons with disabilities, giving priority to

technologies at an affordable cost;

 

(h) 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;

 

(i) To promote the training of professionals and staff working with

persons with disabilities in the rights recognized in the present 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 the present Convention that are immediately

applicable according to international law.

 

3. In the development and implementation of legislation and policies to

implement the present Convention, and in other decision-making processes

concerning issues relating to persons with disabilities, States Parties shall

closely consult with and actively involve persons with disabilities, including

children with disabilities, through their representative organizations.

 

4. Nothing in the present Convention shall affect any provisions which are

more conducive to the realization of the rights of persons 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 upon or derogation from any of the

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human rights and fundamental freedoms recognized or existing in any State

Party to the present Convention pursuant to law, conventions, regulation or

custom on the pretext that the present Convention does not recognize such

rights or freedoms or that it recognizes 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.

 

Article 5

Equality and non-discrimination

 

1. States Parties recognize that all persons are equal before and under the

law and are entitled without any discrimination to the equal protection and

equal benefit of the law.

 

2. States Parties 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.

 

3. In order to promote equality and eliminate discrimination, States Parties

shall take all appropriate steps to ensure that reasonable accommodation is

provided.

 

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 recognize that women and girls with disabilities are

subject to multiple discrimination, and in this regard shall take measures to

ensure the full and equal enjoyment by them of all human rights and

fundamental freedoms.

 

2. States Parties shall take all appropriate measures to ensure the full

development, advancement and empowerment of women, for the purpose of

guaranteeing them the exercise and enjoyment of the human rights and

fundamental freedoms set out in the present Convention.

 

Article 7

Children with disabilities

 

1. States Parties 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.

– 8 –

2. In all actions concerning children with disabilities, the best interests of

the child shall be a primary consideration.

 

3. States Parties shall ensure that children with disabilities have the right to

express their views freely on all matters affecting them, their views being

given due weight 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.

 

Article 8

Awareness-raising

 

1. States Parties undertake to adopt immediate, effective and appropriate

measures:

 

(a) To raise awareness throughout society, including at the family

level, regarding persons with disabilities, and to foster respect for the rights

and dignity of persons with disabilities;

 

(b) To combat stereotypes, prejudices and harmful practices relating

to persons with disabilities, including those based on sex 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 persons with disabilities;

 

(ii) To promote positive perceptions and greater social awareness

towards persons with disabilities;

 

(iii) To promote recognition of the skills, merits and abilities of

persons with disabilities, and of their contributions to the workplace and

the labour market;

 

(b) Fostering at all levels of the education system, 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 portray persons with

disabilities in a manner consistent with the purpose of the present Convention;

– 9 –

(d) Promoting awareness-training programmes regarding persons

with disabilities and the rights of persons with disabilities.

 

Article 9

Accessibility

 

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

other 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, inter alia:

 

(a) Buildings, roads, transportation and other indoor and outdoor

facilities, including schools, housing, medical facilities and workplaces;

 

(b) Information, communications and other services, including

electronic services and emergency services.

 

2. States Parties shall also take appropriate measures:

 

(a) To develop, promulgate and monitor the implementation of

minimum standards and guidelines for the accessibility of facilities and

services open or provided to the public;

 

(b) To ensure that private entities that offer facilities and services

which are open or provided to the public take into account all aspects of

accessibility for persons with disabilities;

 

(c) To provide training for stakeholders on accessibility issues facing

persons with disabilities;

 

(d) To provide in buildings and other facilities open to the public

signage in Braille and in easy to read and understand forms;

 

(e) To provide forms of live assistance and intermediaries, including

guides, readers and professional sign language interpreters, to facilitate

accessibility to buildings and other facilities open to the public;

 

(f) To promote other appropriate forms of assistance and support to

persons with disabilities to ensure their access to information;

 

– 10 –

(g) To promote access for persons with disabilities to new

information and communications technologies and systems, including the

Internet;

 

(h) To 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.

 

Article 10

Right to life

 

States Parties reaffirm that every human being has the inherent right to

life and shall take all necessary measures to ensure its effective enjoyment by

persons with disabilities on an equal basis with others.

 

Article 11

Situations of risk and humanitarian emergencies


States Parties shall take, in accordance with their obligations under

international law, including international humanitarian law and international

human rights law, all necessary measures to ensure the protection and safety of

persons with disabilities in situations of risk, including situations of armed

conflict, humanitarian emergencies and the occurrence of natural disasters.

 

Article 12

Equal recognition before the law

 

1. States Parties reaffirm that persons with disabilities have the right to

recognition everywhere as persons before the law.

 

2. States Parties shall recognize that persons with disabilities enjoy legal

capacity on an equal basis with others in all aspects of life.

 

3. States Parties shall take appropriate measures to provide access by

persons with disabilities to the support they may require in exercising their

legal capacity.

 

4. States Parties shall ensure that all measures that relate to the exercise of

legal capacity provide for appropriate and effective safeguards to prevent

abuse in accordance with international human rights law. Such safeguards shall

ensure that measures 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 circumstances,

apply for the shortest time possible and are subject to regular review by a

competent, independent and impartial authority or judicial body. The

– 11 –

safeguards 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, States 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 other forms of financial

credit, and shall ensure that persons with disabilities are not arbitrarily

deprived of their property.

 

Article 13

Access to justice

 

1. States Parties 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.

 

2. In order to help to ensure effective access to justice for persons with

disabilities, States Parties shall promote appropriate training for those working

in the field of administration of justice, including police and prison staff.

 

Article 14

Liberty and security of person

 

1. States Parties shall ensure that persons with disabilities, on an equal

basis with others:

 

(a) Enjoy the right to liberty and security of person;

 

(b) Are not deprived of their liberty unlawfully or arbitrarily, and that

any deprivation of liberty is in conformity with the law, and that the existence

of a disability shall in no case justify a deprivation of liberty.

 

2. States Parties 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 the present

Convention, including by provision of reasonable accommodation.

 

– 12 –

Article 15

Freedom from torture or cruel, inhuman or degrading

treatment or punishment

 

1. No one shall be subjected to torture or to cruel, inhuman or degrading

treatment or punishment. In particular, no one shall be subjected without his or

her free consent to medical or scientific experimentation.

 

2. States Parties 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

 

1. States Parties shall take all appropriate legislative, administrative,

social, educational and other measures to protect 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 ensuring, 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 avoid, recognize and report instances

of exploitation, violence and abuse. States Parties shall ensure that protection

services are age-, gender- and disability-sensitive.

 

3. In order to prevent the occurrence of all forms of exploitation, violence

and abuse, States Parties shall ensure that all facilities and programmes

designed to serve persons with disabilities are effectively monitored by

independent authorities.

 

4. States Parties shall take all appropriate measures to promote the

physical, cognitive and psychological recovery, rehabilitation 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 against persons with disabilities

are identified, investigated and, where appropriate, prosecuted.

– 13 –

Article 17

Protecting the integrity of the person

 

Every person with disabilities has a right to respect for his or her

physical and mental integrity on an equal basis with others.

 

Article 18

Liberty of movement and nationality

 

1. States Parties shall recognize the rights of persons with disabilities to

liberty of movement, 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 the right to acquire and change a nationality and are not

deprived of their nationality arbitrarily or on the basis of disability;

 

(b) Are not deprived, on the basis of disability, of their ability to

obtain, possess and utilize documentation of their nationality or other

documentation of identification, or to utilize relevant processes such as

immigration proceedings, that may be needed to facilitate exercise of the right

to liberty of movement;

 

(c) Are free 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.

 

Article 19

Living independently and being included in

the community

 

States Parties to the present Convention recognize the equal right of all

persons with disabilities to live in the community, with choices equal to others,

and shall take effective 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 where and with whom they live on an equal basis with

others and are not obliged to live in a particular living arrangement;

 

– 14 –

(b) Persons with disabilities have access to a range of in-home,

residential and other community support services, including personal

assistance necessary to support living and inclusion in the community, and to

prevent isolation or segregation from the community;

 

(c) Community services and facilities for the general population are

available on an equal basis to persons with disabilities and are responsive to

their needs.

 

Article 20

Personal mobility

 

States Parties shall take effective measures to ensure personal mobility

with the greatest possible independence for persons with disabilities, including

by:

 

(a) Facilitating the personal mobility of persons with disabilities in

the manner and at the time of their choice, and at affordable cost;

 

(b) Facilitating 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) Providing training in mobility skills to persons with disabilities

and to specialist staff working with persons with disabilities;

 

(d) Encouraging 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 Parties shall take all appropriate measures to ensure that persons

with disabilities can exercise the 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 all forms of communication of their

choice, as defined in article 2 of the present Convention, including by:

 

(a) Providing 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) Accepting and facilitating the use of sign languages, Braille,

augmentative and alternative communication, and all other accessible means,

– 15 –

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 formats for persons with disabilities;

 

(d) Encouraging the mass media, including providers of information

through the Internet, to make their services accessible to persons with

disabilities;

 

(e) Recognizing and promoting the use of sign languages.

 

Article 22

Respect for privacy

 

1. No person with disabilities, regardless of place of residence or living

arrangements, shall be subjected to arbitrary or unlawful interference with his

or her privacy, family, home or correspondence or other types of

communication or to unlawful 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 Parties shall protect the privacy of personal, health and

rehabilitation information of persons with disabilities on an equal basis with

others.

 

Article 23

Respect for home and the family

 

1. States Parties shall take effective and appropriate measures to eliminate

discrimination against persons with disabilities in all matters relating to

marriage, family, parenthood and relationships, on an equal basis with others,

so as to ensure that:

 

(a) The right of all persons with disabilities who are of marriageable

age to marry and to found a family on the basis of free and full consent of the

intending spouses is recognized;

 

(b) The rights of persons with disabilities to decide freely and

responsibly on the number and spacing of their children and to have access to

age-appropriate information, reproductive and family planning education are

recognized, and the means necessary to enable them to exercise these rights are

provided;

 

– 16 –

(c) Persons with disabilities, including children, retain their fertility

on an equal basis with others.

 

2. States Parties shall ensure the rights and responsibilities of persons with

disabilities, with regard to guardianship, wardship, trusteeship, adoption of

children or similar institutions, where these concepts exist in national

legislation; in all cases the best interests of the child shall be paramount. States

Parties shall render appropriate assistance to persons with disabilities in the

performance of their child-rearing responsibilities.

 

3. States Parties shall ensure that children with disabilities have equal

rights with respect to family life. With a view to realizing these rights, and to

prevent concealment, abandonment, neglect and segregation of children with

disabilities, States Parties shall undertake to provide early and comprehensive

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, where the immediate family is unable to care for a

child with disabilities, undertake every effort to provide alternative care within

the wider family, and failing that, within the community in a family setting.

 

Article 24

Education

 

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 lifelong learning directed to:

 

(a) The full development of human potential and sense of dignity and

self-worth, and the strengthening of respect for human rights, fundamental

freedoms and human diversity;

 

(b) The development by persons with disabilities of their personality,

talents 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.

– 17 –

2. In realizing this right, States Parties shall ensure that:

 

(a) Persons with disabilities are not excluded from the general

education system on the basis of disability, and that children with disabilities

are not excluded from free and compulsory primary education, or from

secondary education, on the basis of disability;

 

(b) Persons with disabilities can access an inclusive, quality and free

primary education and secondary education on an equal basis with others in

the communities in which they live;

 

(c) Reasonable accommodation of the individual’s requirements is

provided;

 

(d) Persons with disabilities receive the support required, within the

general education system, to facilitate their effective education;

 

(e) Effective individualized support measures are provided in

environments that maximize academic and social development, consistent with

the goal of full inclusion.

 

3. States Parties 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 and

orientation and mobility 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 or deafblind, is delivered in the most appropriate languages

and modes and means of communication for the individual, and in

environments which maximize academic and social development.

 

4. In order to help ensure the realization of this right, States Parties shall

take appropriate measures to employ teachers, including teachers with

disabilities, who are qualified in sign language and/or Braille, and to train

professionals and staff who work at all levels of education. Such training shall

incorporate disability awareness and the use of appropriate augmentative and

alternative modes, means and formats of communication, educational

techniques and materials to support persons with disabilities.

 

– 18 –

5. States Parties shall ensure that persons with disabilities are able to

access general tertiary education, vocational training, adult education and

lifelong learning without discrimination and on an equal basis with others. To

this end, States Parties shall ensure that reasonable accommodation is provided

to persons with disabilities.

 

Article 25

Health

 

States Parties recognize that persons with disabilities have the right to

the enjoyment of the highest attainable standard 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

standard of free or affordable health care and programmes as provided to other

persons, including in the area of sexual and reproductive health and

population-based public health programmes;

 

(b) Provide those health services needed by persons with disabilities

specifically because of their disabilities, including early identification and

intervention as appropriate, and services designed to minimize and prevent

further disabilities, including among children and older persons;

 

(c) Provide these health services as close as possible 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 through 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 fair and reasonable

manner;

 

(f) Prevent discriminatory denial of health care or health services or

food and fluids on the basis of disability.

 

– 19 –

Article 26

Habilitation and rehabilitation

 

1. States Parties shall take effective and appropriate measures, including

through peer support, to enable persons with disabilities to attain and maintain

maximum independence, full physical, mental, social and vocational ability,

and full inclusion and participation in all aspects of life. To that end, States

Parties shall organize, strengthen and extend comprehensive habilitation and

rehabilitation services and programmes, particularly in the areas of health,

employment, education and social services, in such a way that these services

and programmes:

 

(a) Begin at the earliest possible stage, and are based on the

multidisciplinary assessment of individual needs and strengths;

 

(b) Support participation and inclusion in the community and all

aspects of society, are voluntary, and are available to persons with disabilities

as close as possible to their own communities, including in rural areas.

 

2. States Parties shall promote the development of initial and continuing

training for professionals and staff working in habilitation and rehabilitation

services.

 

3. States Parties shall promote the availability, knowledge and use of

assistive devices and technologies, designed for persons with disabilities, as

they relate to habilitation and rehabilitation.

 

Article 27

Work and employment

 

1. States Parties recognize the right of persons with disabilities to work, on

an equal basis with others; this includes the right to the opportunity to gain a

living by work freely chosen or accepted in a labour market and work

environment that is open, inclusive and accessible to persons with disabilities.

States Parties shall safeguard and promote the realization of the right to work,

including for those who acquire a disability during the course of employment,

by taking appropriate steps, including through legislation, to, inter alia:

 

(a) Prohibit discrimination on the basis of disability 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 disabilities, on an equal basis

with others, to just and favourable conditions of work, including equal

opportunities and equal remuneration for work of equal value, safe and healthy

– 20 –

working conditions, including protection from harassment, and the redress of

grievances;

 

(c) Ensure that persons with disabilities are able to exercise their

labour and trade union rights on an equal basis with others;

 

(d) Enable persons with disabilities to have effective 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, maintaining and returning to employment;

 

(f) Promote opportunities for self-employment, entrepreneurship, the

development of cooperatives and starting one’s own business;

 

(g) Employ persons with disabilities in the public sector;

 

(h) Promote the employment of persons with disabilities 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 provided 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.

 

Article 28

Adequate standard of living and social protection

 

1. States Parties 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 take appropriate steps to safeguard and promote the

realization of this right without discrimination on the basis of disability.

 

– 21 –

2. States Parties recognize the right of persons with disabilities to social

protection and to the enjoyment of that right without discrimination on the

basis of disability, and shall take appropriate steps to safeguard and promote

the realization of this right, including measures:

 

(a) To ensure equal access by persons with disabilities to clean water

services, and to ensure access to appropriate and affordable services, devices

and other assistance for disability-related needs;

 

(b) To ensure access by persons with disabilities, in particular women

and girls with disabilities and older persons with disabilities, to social

protection programmes and poverty reduction programmes;

 

(c) To ensure 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 ensure access by persons with disabilities to public housing

programmes;

 

(e) To ensure equal access by persons with disabilities to retirement

benefits and programmes.

 

Article 29

Participation in political and public life

 

States Parties shall guarantee to persons with disabilities political rights

and the opportunity to enjoy them on an equal basis with others, and shall

undertake:

 

(a) To ensure that persons with disabilities can effectively and fully

participate in political and public life on an equal basis with others, directly or

through freely chosen representatives, including the right and opportunity for

persons with disabilities to vote and be elected, inter alia, by:

 

(i) Ensuring that voting procedures, facilities and materials are

appropriate, accessible and easy to understand and use;

 

(ii) Protecting the right of persons with disabilities to vote by secret

ballot in elections and public referendums without intimidation, and to

stand for elections, to effectively hold office and perform all public

functions at all levels of government, facilitating the use of assistive and

new technologies where appropriate;

 

– 22 –

(iii) Guaranteeing the free expression of the will of persons with

disabilities as electors and to this end, where necessary, at their request,

allowing assistance in voting by a person of their own choice;

 

(b) To 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

concerned 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 Parties recognize the right of persons with disabilities to take part

on an equal basis with others in cultural life, and shall take all appropriate

measures to ensure that persons with disabilities:

 

(a) Enjoy access to cultural materials in accessible formats;

 

(b) Enjoy access to television programmes, films, theatre and other

cultural activities, in accessible formats;

 

(c) Enjoy access to places for cultural performances or services, such

as theatres, museums, cinemas, libraries and tourism services, and, as far as

possible, enjoy access to monuments and sites of national cultural importance.

 

2. States Parties 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 Parties 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 disabilities to cultural materials.

 

– 23 –

4. Persons with disabilities shall be entitled, on an equal basis with others,

to recognition and support of their specific cultural and linguistic identity,

including sign languages and deaf culture.

 

5. With a view to enabling persons with disabilities to participate on an

equal basis with others in recreational, leisure and sporting activities, States

Parties shall take appropriate measures:

 

(a) To encourage and promote the participation, to the fullest extent

possible, of persons with disabilities in mainstream sporting activities at all

levels;

 

(b) To ensure that persons with disabilities have an opportunity to

organize, develop and participate in disability-specific sporting and

recreational activities and, to this end, encourage the provision, on an equal

basis with others, of appropriate instruction, training and resources;

 

(c) To ensure that persons with disabilities have access to sporting,

recreational and tourism venues;

 

(d) To ensure that children with disabilities have equal access with

other children to participation in play, recreation and leisure and sporting

activities, including those activities in the school system;

 

(e) To ensure that persons with disabilities have access to services

from those involved in the organization of recreational, tourism, leisure and

sporting activities.

 

Article 31

Statistics and data collection

 

1. States Parties 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 freedoms and ethical principles in the collection and

use of statistics.

 

2. The information collected in accordance with this article shall be

disaggregated, as appropriate, and used to help assess the implementation of

– 24 –

States Parties’ obligations under the present Convention and to identify and

address the barriers faced by persons with disabilities in exercising their rights.

 

3. States Parties shall assume responsibility for the dissemination of these

statistics and ensure their accessibility to persons with disabilities and others.

 

Article 32

International cooperation

 

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 and 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, including international

development programmes, is inclusive of and accessible to persons with

disabilities;

 

(b) Facilitating and supporting capacity-building, including through

the exchange and sharing of information, experiences, training programmes

and best practices;

 

(c) Facilitating cooperation in research and access to scientific and

technical knowledge;

 

(d) Providing, as appropriate, technical and economic assistance,

including by facilitating access to and sharing of accessible and assistive

technologies, and through the transfer of technologies.

 

2. The provisions of this article are without prejudice to the obligations of

each State Party to fulfil its obligations under the present Convention.

 

Article 33

National implementation and monitoring

 

1. States Parties, in accordance with their system 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 sectors and at different

levels.

 

– 25 –

2. States Parties shall, in accordance with their legal and administrative

systems, maintain, strengthen, designate or establish within 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 Parties shall take into

account the principles relating to the status and functioning of national

institutions for protection and promotion of human rights.

 

3. Civil society, in particular persons with disabilities and their

representative organizations, shall be involved and participate fully in the

monitoring process.

 

Article 34

Committee on the Rights of Persons with Disabilities

 

1. There shall be established a Committee on the Rights of Persons with

Disabilities (hereafter referred to as “the Committee”), which shall carry out

the functions hereinafter provided.

 

2. The Committee shall consist, at the time of entry into force of the

present Convention, of twelve experts. After an additional sixty ratifications or

accessions to the Convention, the membership of the Committee shall increase

by six members, attaining a maximum number of eighteen members.

 

3. The members of the Committee shall serve in their personal capacity

and shall be of high moral standing and recognized competence and experience

in the field covered by the present Convention. When nominating their

candidates, States Parties are invited to give due consideration to the provision

set out in article 4, paragraph 3, of the present Convention.

 

4. The members of the Committee shall be elected by States Parties,

consideration being given to equitable geographical distribution, representation

of the different forms of civilization and of the principal legal systems,

balanced gender representation and participation of experts with disabilities.

 

5. The members 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 the Conference of States Parties. 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 initial 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 each election, the Secretary-General of the United Nations shall

– 26 –

address a letter to the States Parties inviting them to submit the nominations

within two months. The Secretary-General shall subsequently prepare a list in

alphabetical order 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 members of the Committee shall be elected for a term of four years.

They shall be eligible 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 election 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 member of the Committee dies or resigns or declares that for any

other cause she or he can no longer perform her or his duties, the State Party

which nominated the member 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 Committee shall establish its own rules of procedure.

 

11. The Secretary-General of the United Nations shall provide the necessary

staff and facilities 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 of the United Nations, 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 members of the Committee shall be entitled to the facilities,

privileges and immunities 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.

 

Article 35

Reports by States Parties

 

1. Each State 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

– 27 –

made in that regard, within two years after the entry into force of the present

Convention for the State Party concerned.

 

2. Thereafter, States Parties shall submit subsequent reports at least every

four years and further whenever the Committee so requests.

 

3. The Committee shall decide any guidelines applicable to the content of

the reports.

 

4. A State Party which has submitted a comprehensive initial report to the

Committee need not, in its subsequent reports, repeat information previously

provided. When preparing reports to the Committee, States Parties are invited

to consider doing so in an open and transparent process and to give due

consideration to the provision set out in article 4, paragraph 3, of the present

Convention.

 

5. Reports may indicate factors and difficulties affecting the degree of

fulfilment of obligations under the present Convention.

 

Article 36

Consideration of reports

 

1. Each report shall be considered by the Committee, which shall make

such suggestions and general recommendations on the report as it may

consider appropriate and shall forward 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 present Convention.

 

2. If a State 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

submitted within three months following the notification. The Committee shall

invite the State Party concerned to participate in such examination. Should the

State Party respond by submitting the relevant report, the provisions of

paragraph 1 of this article will apply.

 

3. The Secretary-General of the United Nations shall make available the

reports to all States Parties.

 

4. States Parties shall make their reports widely available to the public in

their own countries and facilitate access to the suggestions and general

recommendations relating to these reports.

 

– 28 –

5. The Committee shall transmit, as it may consider appropriate, to the

specialized agencies, funds and programmes of the United Nations, and other

competent bodies, reports from States Parties in order to address a request or

indication of a need for technical advice or assistance contained therein, along

with the Committee’s observations and recommendations, if any, on these

requests or indications.

 

Article 37

Cooperation between States Parties and the Committee

 

1. Each State Party shall cooperate with the Committee and assist its

members in the fulfilment of their mandate.

 

2. In its relationship with States Parties, the Committee shall give due

consideration to ways and means of enhancing national capacities for the

implementation of the present Convention, including through international

cooperation.

 

Article 38

Relationship of the Committee with other bodies

 

In order to foster the effective implementation of the present Convention

and to encourage international cooperation in the field covered by the present

Convention:

 

(a) The specialized agencies and other United Nations organs shall be

entitled to be represented at the consideration of the implementation of such

provisions of the present Convention as fall within the scope of their mandate.

The Committee may invite the specialized agencies and other competent

bodies as it may consider appropriate to provide expert advice on the

implementation of the Convention in areas falling within the scope of their

respective mandates. The Committee may invite specialized agencies and other

United Nations organs to submit reports on the implementation of the

Convention in areas falling within the scope of their activities;

 

(b) The Committee, as it discharges its mandate, shall consult, as

appropriate, other relevant bodies instituted by international human rights

treaties, with a view to ensuring the consistency of their respective reporting

guidelines, suggestions and general recommendations, and avoiding

duplication and overlap in the performance of their functions.

 

Article 39

Report of the Committee

 

The Committee shall report every two years to the General Assembly

and to the Economic and Social Council on its activities, and may make

– 29 –

suggestions and general recommendations 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.

 

Article 40

Conference of States Parties

 

1. The States 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 Conference of States Parties shall be convened by the

Secretary-General of the United Nations. The subsequent meetings shall be

convened by the Secretary-General biennially or upon the decision of the

Conference of States Parties.

 

Article 41

Depositary

 

The Secretary-General of the United Nations shall be the depositary of

the present Convention.

 

Article 42

Signature

 

The present Convention shall be open for signature by all States and by

regional integration organizations at United Nations Headquarters in New York

as of 30 March 2007.

 

Article 43

Consent to be bound

 

The present Convention shall be subject to ratification by signatory

States and to formal confirmation by signatory regional integration

organizations. It shall be open for accession by any State or regional

integration organization which has not signed the Convention.

 

Article 44

Regional integration organizations

 

1. “Regional 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 present

Convention. Such organizations shall declare, in their instruments of formal

– 30 –

confirmation or accession, the extent of their competence with respect to

matters governed by the present Convention. Subsequently, they shall inform

the depositary of any substantial modification in the extent of their

competence.

 

2. References 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, paragraphs 2

and 3, of the present Convention, 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 votes equal to the number of their member States that are Parties to

the present Convention. Such an organization shall not exercise its right to

vote if any of its member States exercises its right, and vice versa.

 

Article 45

Entry into force

 

1. The present 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 acceding to the present 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.

 

Article 46

Reservations

 

1. Reservations incompatible with the object and purpose of the present

Convention shall not be permitted.

 

2. Reservations may be withdrawn at any time.

 

Article 47

Amendments

 

1. Any State 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

– 31 –

the States Parties favour such a conference, the Secretary-General shall

convene the conference under the auspices 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-General to the General

Assembly of the United Nations for approval and thereafter to all States Parties

for acceptance.

 

2. An amendment adopted and approved in accordance with paragraph 1 of

this article shall enter into force on the thirtieth day after the number of

instruments 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 those States Parties which have accepted it.

 

3. If so decided by the Conference of States Parties by consensus, an

amendment adopted and approved in accordance with paragraph 1 of this

article which relates exclusively to articles 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 reaches two thirds of the number of States Parties at

the date of adoption of the amendment.

 

Article 48

Denunciation

 

A State Party may denounce the present Convention by written

notification to the Secretary-General of the United Nations. The denunciation

shall become effective one year after the date of receipt of the notification by

the Secretary-General.

 

Article 49

Accessible format

 

The text of the present Convention shall be made available in accessible

formats.

 

Article 50

Authentic texts

 

The Arabic, Chinese, English, French, Russian and Spanish texts of the

present Convention shall be equally authentic.

 

IN WITNESS THEREOF the undersigned plenipotentiaries, being duly

authorized thereto by their respective Governments, have signed the present

Convention.

 

OPTIONAL PROTOCOL TO THE CONVENTION ON THE

RIGHTS OF PERSONS WITH DISABILITIES

 

The States Parties to the present Protocol have agreed as follows:

 

Article 1

 

1. A State Party to the present Protocol (“State Party”) recognizes the

competence of the Committee on the Rights of Persons with Disabilities (“the

Committee”) to receive and consider communications from or on behalf of

individuals or groups of individuals subject to its jurisdiction who claim to be

victims of a violation by that State Party of the provisions of the Convention.

 

2. No communication shall be received by the Committee if it concerns a

State Party to the Convention that is not a party to the present Protocol.

 

Article 2

 

The Committee 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 Convention;

(c) The same matter has already been examined by the Committee or

has been or is being examined under another procedure of

international investigation or settlement;

(d) All available domestic remedies have not been exhausted. 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 occurred prior

to the entry into force of the present Protocol for the State Party

concerned unless those facts continued after 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.

 

 

 

– 2 –

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

communications under the present Protocol. After examining a

communication, the Committee shall forward its suggestions and

recommendations, if any, to the State Party 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 Convention, 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 submitted by

the State Party concerned as well as any other reliable information available 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 the

consent of the State Party, the inquiry may include a visit to its territory.

 

3. After examining the findings of such an inquiry, the Committee shall

transmit these findings to the State Party concerned together with any

comments 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.

 

– 3 –

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, paragraph 4, invite the State Party concerned to

inform it of the measures taken in response to such an inquiry.

 

Article 8

 

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.

 

Article 9

 

The Secretary-General of the United Nations shall be the depositary of

the present Protocol.

 

Article 10

 

The present Protocol shall be open for signature by signatory States and

regional integration organizations of the Convention at United Nations

Headquarters in New York as of 30 March 2007.

 

Article 11

 

The present Protocol shall be subject to ratification by signatory States

of the present Protocol which have ratified or acceded to the Convention. It

shall be subject to formal confirmation by signatory regional integration

organizations of the present Protocol 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.

 

Article 12

 

1. “Regional 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 the present Protocol. Such organizations shall declare, in their instruments

of formal confirmation or accession, the extent of their competence with

respect to matters governed by the Convention and the present Protocol.

– 4 –

Subsequently, they shall inform the depositary of any substantial modification

in the extent of their competence.

 

2. References 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,

of the present Protocol, 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 meeting of States Parties, with a number

of votes equal to the number of their member States that are Parties to the

present Protocol. Such an organization shall not exercise its right to vote if any

of its member States exercises its right, and vice versa.

 

Article 13

 

1. Subject to the entry into force of the Convention, the present Protocol

shall enter into force on the thirtieth day after the deposit of the tenth

instrument of ratification or accession.

 

2. For each State or regional integration organization ratifying, formally

confirming or acceding to the present 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 such instrument.

 

Article 14

 

1. Reservations incompatible with the object and purpose of the present

Protocol shall not be permitted.

 

2. Reservations may be withdrawn at any time.

 

Article 15

 

1. Any State 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 meeting, 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 States Parties present and voting shall be

– 5 –

submitted by the Secretary-General to the General Assembly of the United

Nations for approval and thereafter to all States Parties for acceptance.

 

2. An amendment adopted and approved in accordance with paragraph 1 of

this article shall enter into force on the thirtieth day after the number of

instruments 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 those States Parties which have accepted it.

 

Article 16

 

A State Party may denounce the present Protocol by written notification

to the Secretary-General of the United Nations. The denunciation shall become

effective one year after the date of receipt of the notification by the Secretary-

General.

 

Article 17

 

The text of the present Protocol shall be made available in accessible

formats.

 

Article 18

 

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.