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7TH AD HOC COMMITEE
[Last updated Wednesday, January 18, 2006]
Article 8 (Chair’s Text as amended by the International Disability Alliance )
RAISING AWARENESS (REPLACE “REGARDING DISABILITY” BY “ON THE RIGHTS OF PERSONS WITH DISABILITIES”)
(JUSTIFICATION: The IDC would propose to reword the title which should include the reference to persons with disabilities (as subjects) and not to disability (as an object).)
1. States Parties undertake to adopt immediate and effective measures to:
(a) raise awareness throughout society regarding (DELETE “disability and”) persons with disabilities, and to foster respect for their rights;
(b) combat stereotypes and prejudices about persons with disabilities in all areas of life;
(c) promote awareness of the capabilities and contributions of persons with disabilities (ADD: “sharing the same rights and freedoms as others.”)
2. Measures to this end include:
(a) initiating and maintaining effective public awareness campaigns designed to:
(i) nurture receptiveness to the rights of persons with disabilities;
(ii) change negative perceptions and social prejudices towards persons with disabilities (DELETE: “in all matters of [sexuality,] marriage, parenthood and family relations of persons with disabilities;”)
(JUSTIFICATION: The IDC supports the need to change negative perceptions and social prejudices, but feels tat this should cover all areas of life, including (but not exclusively) those mentioned in subparagraph 2 (a) ii).
(iii) 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 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 this Convention;
(d) (REPLACE “promoting disability-sensitive awareness training programmes.” BY ““promoting awareness training programmes on the human rights of persons with disabilities”.)
Comments from States Parties:
With the exception of one state who wanted consideration to be given to the deletion of this article, there was strong support for this article.
The deletion of reference in Paragraph 2 (a) ii (in all matters of [sexuality] marriage, parenthood, and family relations of persons with disabilities) while generally supported some speakers felt it should be retained with modification to the language used.
The changing of the title to Rising Awareness on the Rights of Persons with Disabilities, while supported by some speakers, was seen as possibly too restrictive by other States who felt that it was more than rights that needed to be part or awareness raising.
Speakers supported the change of the negative language currently used in parts of the article to positive language.
The marginalisation of persons with disabilities, due to the lack of community awareness, was also raised.
Comments from Civil Society
Care needs to be taken to ensure that the language used in the article does not become patronising at some time in the future. We are not against reference to sexuality but the list of items included in the sub paragraph should be regarded as examples. Need to ensure that the Convention is made available in an accessible format that meets the needs of all persons with disabilities.
Chairs Summary
The Chair referred to a number of possible changes to the wording of the article. These were in most part minor changes to the current text. However paragraph 2 (a) (ii) and the possible deletion of reference to matters of sexuality, marriage, parenthood and family relations requires more consideration. Article 5
EQUALITY AND NON-DISCRIMINATION
The International disability caucus puts forward the following amendments to the Chairman’s text:
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 any discrimination on the basis of disability and guarantee to persons with disabilities equal and effective protection against discrimination. States Parties shall also prohibit any discrimination and guarantee to persons with disabilities equal and effective protection against discrimination on any other grounds.
3. States Parties undertake to take all appropriate steps to ensure that reasonable accommodation is provided.
4. Measures which are necessary to accelerate or achieve de facto equality of persons with disabilities shall not be considered discrimination on the basis of disability (ADD: “if they are accepted by persons with disabilities and are in compliance with the principles and rights included in this Convention.”)
(JUSTIFICATION: To avoid any misuse of these measures, paragraph 4 would be clearer if it states that these measures need to be accepted by persons with disabilities and that they cannot be inconsistent with the principles and rights included in this Convention.)
The Ad Hoc Committee discussed the European Union’s proposal to streamline the article
EU Proposal (2): To make paragraph (2) clearer, delete “States Parties shall also prohibit any discrimination and guarantee to persons with disabilities equal and effective protection against discrimination” and move “on any other grounds” to the end of the first sentence. The paragraph would therefore read:
States Parties shall prohibit any discrimination on the basis of disability and guarantee to persons with disabilities equal and effective protection against discrimination on any other grounds.
The chair asked the IDC to clarify how the proposed reference to “acceptance by persons with disabilities” could be implemented. The proposed addition might cause difficulty in application.
The IDC clarified that there would need to be measures put in place for diffirent circumstances (individual and policy /general level).
The Chair undertook to redraft the article based on the discussion and to circulate it over the next couple of days.
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