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Key Issues for People with Intellectual Disabilities for the 7th Ad Hoc Committee Meeting on the Proposed UN Convention on the Rights of Persons with a Disability
[Last updated Friday, January 13, 2006]
LEGAL CAPACITY
For people with intellectual disabilities this article is critical to the entire Convention. The article must ensure that a person's rights can NEVER be transferred to another person or institution. The current use of the term personal representative implies such a transfer of rights from the individual to another person. Inclusion International would support reference to a personal assistant as this would not imply the transfer of rights but rather a support to decision making by the individual.
FAMILIES
Understanding that the enjoyment of human rights for many people with intellectual disabilities depends on their inter-relationship with their family and community, is critical to drafting a convention that includes those who cannot always speak or articulate for themselves.
A convention that includes everyone must recognize the role of families in enabling the enjoyment of human rights. Inclusion International would prefer that the Convention include an article on families. However, as a minimum, Inclusion International proposes the following statement be added to the Preamble:
"Recognizing the role that families play in advancing the full inclusion and
securing the rights of their family members with disabilities, and mindful
of the need for families to receive supports and services that promotes an
individual's dignity, equality and potential;"
CLICK HERE TO SEE THE FLYER LIVING INDEPENDENTLY AND BEING INCLUDED IN THE COMMUNITY
It is important to continue to underline the importance of this article for people with intellectual disabilities and their families. We support the emphasis of the Chairman's text on the individual's right to choose where they live and the obligation of the State to provide support. We would propose the following additions to strengthen the article:
* recognition of the individual's right to supports and choice and control
over them.
* "in-home, residential and other community support services" are also
supportive of the family of the disabled person.
EDUCATION
The chairman's text addresses the issues raised by people with intellectual disabilities in relation to the right education but we oppose the phrases "reasonable accommodation" and "In exceptional circumstances where the
general education system can not adequately meet the support needs of persons with disabilities, States Parties shall ensure that effective alternative support measures are provided". These statements risk creating situations where a lack of proper investment in the regular system to support inclusion means that individuals with a disability would not get the supports they need and there would be rationale to provide education to them in specialized and segregated settings. Inclusion International supports the removal of the clause "In exceptional circumstances.."
CHILDREN
Inclusion International supports the inclusion of a separate article on the rights of children with disabilities on the basis that the legal status of children with disabilities raises particular issues affecting their human rights and because currently the UN Convention on the Rights of the Child does not sufficiently address these issues.
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