The Convention on the Rights of Persons with Disabilities and the Optional Protocol entered into force on 3 May 2008. Signed the Convention and Russia. However, many people with handicapped misunderstand its purpose. Let's try, at least on the eve of the Day of Persons with Disabilities, to briefly consider the main provisions of the Convention on the Rights of Persons with Disabilities.
Guidelines of the Convention
There are eight guiding principles that underlie the Convention and each of its specific articles:
a. Respect for the inherent dignity of the human person, personal autonomy, including the freedom to make one's own choices, and the independence of persons
b. Non-discrimination
c. Full and effective integration into society
d. Respect for differences and acceptance of people with disabilities as part of human diversity and humanity
e. Equality of Opportunity
f. Availability
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 maintain their identity
"What is the purpose of the convention?" Don McKay, chairman of the committee that negotiated its adoption, said that it the main task is to develop in detail the rights of persons with disabilities and work out ways to implement them.
Countries that have acceded to the Convention must themselves develop and implement policies, laws and administrative measures to ensure the rights enshrined in the Convention and the abolition of laws, regulations, practices that are discriminatory (Article 4).
Changing the perception of disability itself is essential for improving the situation of persons with disabilities, for countries to ratify the Convention in order to combat stereotypes and prejudices, and to raise awareness of the capabilities of people with disabilities (art. 8).
Countries must ensure that persons with disabilities enjoy their inalienable right to life on an equal basis with others (Article 10), as well as the equal rights and advancement of women and girls with disabilities (Article 6) and the protection of children with disabilities (Article 7) .
Children with disabilities should have equal rights, should not be separated from their parents against their will, except when the social welfare authorities determine that it is in the best interests of the child, and in no case should be separated from their parents, on on the basis of the disability of the child or parents (Article 23).
Countries must recognize that all people are equal before the law in order to prohibit discrimination on the basis of disability and guarantee equal legal protection (Article 5).
Countries must ensure equal rights to own and inherit property, control financial affairs and have equal access to bank loans and mortgages (Article 12). Equality consists in ensuring access to justice on an equal footing with others (Article 13), persons with disabilities have the right to freedom and security, and not to be deprived of their liberty unlawfully or arbitrarily (Article 14).
Countries must protect the physical and mental integrity of persons with disabilities as they do for everyone else (Article 17), guarantee freedom from torture and cruel, inhuman or degrading treatment or punishment, and prohibit medical or scientific experimentation without the consent of the disabled person or their guardians (Article 15).
Laws and administrative measures should guarantee freedom from exploitation, violence and abuse. In the event of abuse, States must facilitate the recovery, rehabilitation and reintegration of victims and the investigation of abuse (art. 16).
Persons with disabilities cannot be the object of arbitrary or unlawful interference with their privacy, family life, home, correspondence or communication. The confidentiality of their personal, medical and rehabilitation information must be protected in the same way as other members of the public (Article 22).
Responding to the fundamental question of accessibility of the physical environment (Article 9), the Convention requires countries to take action to identify and remove obstacles and barriers, and to ensure that persons with disabilities can access transport, public spaces and service m, as well as information and communication technology.
Persons with disabilities must be able to live independently, be included in public life, choose where and with whom to live, and have access to housing and services (art. 19). Personal mobility and independence must be ensured through the promotion of personal mobility, training in mobility skills and access to freedom of movement, assistive technology and household assistance (Article 20).
Countries recognize the right to an adequate standard of living and social protection. This includes public housing, needs-related disability services and assistance, and disability-related expenses in case of poverty (Article 28).
Countries should facilitate access to information by making information available to the general public in accessible formats and technology, by promoting the use of Braille, sign language and other forms of communication, and by encouraging the media and ISPs to make online information available. available formats (Article 21).
Discrimination regarding marriage, family and personal relationships must be eliminated. Persons with disabilities should have equal opportunities for fatherhood and motherhood, marriage and the right to found a family, decide on the number of children, have access to reproductive health and family planning services, education, and enjoy equal rights and responsibilities in relation to guardianship and guardianship , guardianship and adoption of children (Article 23).
States should promote equal access to primary and secondary education, vocational training, adult education and lifelong learning. Education should be carried out using appropriate materials, methods and forms of communication. Students in need of support measures and students with blindness, deafness and deaf-muteness should be educated in the most appropriate forms of communication with teachers who are fluent in sign language and Braille. The education of persons with disabilities should facilitate their participation in society, the maintenance of their sense of dignity and self-respect and the development of their personality, abilities and creativity (art. 24).
Persons with disabilities are entitled to the highest attainable standard of health without discrimination on the basis of disability. They should receive the same spectrum, quality and level of free or low cost medical services provided for other persons, it is necessary to receive health care services due to their disability, and not to be discriminated against in the provision of health insurance (Article 25).
In order for persons with disabilities to achieve maximum independence, countries must provide comprehensive medical care and rehabilitation services in the areas of health, employment and education (Article 26).
Persons with disabilities have equal rights to work and can earn their living. Countries should prohibit discrimination in employment matters related to the promotion of self-employment, entrepreneurship and organization own business employment of persons with disabilities in the public sector, to promote their employment in the private sector, and to ensure that they are provided with a reasonable distance from the place of residence from the place of work (Article 27).
Countries must ensure equal participation in political and public life, including the right to vote, stand for election and hold certain positions (Article 29).
Countries should promote participation in cultural life, leisure, recreation and sports by making accessible television programmes, films, theater and cultural material, making theaters, museums, cinemas and libraries accessible, and ensuring that persons with disabilities have the opportunity to develop and use their creative potential not only for their own benefit, but also for the enrichment of society (Article 30).
Countries should provide assistance to developing countries to practical implementation Convention (Article 32).
To ensure the implementation and monitoring of the Convention, countries must appoint a government focal point and establish a national mechanism to facilitate and oversee the implementation of monitoring (Article 33).
The Committee on the Rights of Persons with Disabilities, which is composed of independent experts, will receive periodic reports from States Parties on progress made in the implementation of the Convention (arts. 34 to 39).
Article 18 of the Optional Protocol on communications allows individuals and groups of individuals to submit complaints directly to the Committee once all national appeal procedures have been exhausted.
Convention on the Rights of Persons with Disabilities
Preamble
The States Parties to this Convention,
a) Recalling the principles enshrined in the Charter of the United Nations, which recognize the dignity and worth inherent in all members of the human family and their equal and inalienable rights as the foundation of freedom, justice and peace in the world,
b) Recognizing that the United Nations has proclaimed and affirmed in the Universal Declaration of Human Rights and the International Covenants on Human Rights that everyone has all the rights and freedoms set forth therein without distinction of any kind,
c) Reaffirming the universality, indivisibility, interdependence and interconnectedness of all human rights and fundamental freedoms, and the need to guarantee persons with disabilities 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 and 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 is the result of an interaction that occurs between people with disabilities and attitudinal and environmental barriers that hinders their full and effective participation in society on an equal basis with others,
f) Recognizing the importance that the principles and guidelines contained in the World Program of Action for Persons with Disabilities and the Standard Rules for the Equalization of Opportunities for Persons with Disabilities have in influencing the promotion, formulation and evaluation of policies, plans, programs and activities at the national level, regional and international levels to further ensure equal opportunities for persons with disabilities,
g) Emphasizing the importance of mainstreaming disability issues as an integral part of relevant sustainable development strategies,
h) Recognizing also that discrimination against any person on the basis of disability constitutes an attack on the dignity and worth of the human person,
j) Recognizing the need to promote and protect the human rights of all persons with disabilities, including those in need of stronger support,
k) Concerned that, despite these various instruments and initiatives, persons with disabilities continue to face barriers to their participation in society as equal members and violations of their human rights in all parts of the world,
l) Recognizing the importance of international cooperation to improve the living conditions of persons with disabilities in every country, especially in developing countries,
m) Recognizing the valuable current and potential contribution of persons with disabilities to the overall well-being and diversity of their local communities, and that the promotion of the full enjoyment by persons with disabilities of their human rights and fundamental freedoms, as well as the full participation of persons with disabilities, will strengthen their sense of ownership and achieve significant success in the human, social and economic development of society and the eradication of poverty,
n) Recognizing the importance of personal autonomy and independence for persons with disabilities, including the freedom to make their own choices,
o) Considering that persons with disabilities should be able to actively participate in decision-making processes regarding policies and programmes, including those that directly concern them,
p) Concerned about the difficult conditions faced by persons with disabilities who are subjected to multiple or exacerbated forms of discrimination based on race, colour, sex, language, religion, political or other opinion, national, ethnic, Aboriginal or social background, property status, birth, age or other circumstances,
q) Recognizing that women and girls with disabilities, both at home and outside, are often at greater risk of violence, injury or abuse, neglect or neglect, abuse or exploitation,
r) Recognizing that children with disabilities should, in in full to enjoy all human rights and fundamental freedoms on an equal basis with other children, and recalling in this regard the obligations assumed by States parties to the Convention on the Rights of the Child,
s) Emphasizing the need to mainstream a gender perspective in all efforts to promote the full enjoyment by persons with disabilities of human rights and fundamental freedoms,
(t) Emphasizing the fact that the majority of persons with disabilities live in conditions of poverty, and recognizing in this regard the urgent need to address the negative impact of poverty on persons with disabilities,
(u) Considering that an environment of peace and security based on full respect for the purposes and principles set forth in the Charter of the United Nations and respect for applicable human rights instruments is a sine qua non for the full protection of persons with disabilities, in particular during armed conflicts and foreign occupation,
v) Recognizing that accessibility to the physical, social, economic and cultural environment, health and education, as well as information and communications is important in order to enable persons with disabilities to fully enjoy all human rights and fundamental freedoms,
w) considering that each individual person, having responsibilities towards other people and the community to which he belongs, should seek the promotion and observance of the rights recognized in the International Bill of Human Rights,
x) Convinced that the family is the natural and basic unit of society and is entitled to the protection of society and the State, and that persons with disabilities and members of their families should receive the necessary protection and assistance to enable families to contribute to the full and equal enjoyment of their rights disabled people
y) Convinced that a comprehensive and unified international convention to promote and protect the rights and dignity of persons with disabilities will be an important contribution to overcoming the deeply disadvantaged social situation of persons with disabilities and to enhancing their participation in civil, political, economic, social and cultural life with equal opportunity in both developed and developing countries,
agreed on the following:
Article 1 Purpose
The purpose of this Convention is to promote, protect and ensure the full and equal enjoyment by all persons with disabilities of all human rights and fundamental freedoms, and to promote respect for their inherent dignity.
Persons with disabilities include those with long-term physical, mental, intellectual or sensory impairments which, in interaction with various barriers, may prevent them from participating fully and effectively in society on an equal basis with others.
Article 2 Definitions
For the purposes of this Convention:
"communication" includes the use of languages, texts, Braille, tactile communication, large print available multimedia, as well as printed materials, audio aids, common language, reciters, and amplifying and alternative methods, methods and formats of communication, including accessible information and communication technology;
"language" includes spoken and signed languages and other forms of non-verbal languages;
"Discrimination on the basis of disability" means any distinction, exclusion or limitation on the basis of disability that has the purpose or effect of impairing or denying the recognition, enjoyment or enjoyment, on an equal basis with others, of all human rights and fundamental freedoms in political, economic, social, cultural, civil or any other area. It includes all forms of discrimination, including the denial of reasonable accommodation;
“reasonable accommodation” means making, where necessary in a particular case, necessary and appropriate modifications and adjustments, without imposing a disproportionate or undue burden, in order to ensure to persons with disabilities the enjoyment or enjoyment, on an equal basis with others, of all human rights and fundamental freedoms;
"universal design" means the design of objects, environments, programs and services to be usable by all people to the greatest extent possible without the need for adaptation or special design. "Universal Design" does not exclude assistive devices for specific groups of people with disabilities where needed.
Article 3 General principles
The principles of this Convention are:
a) respect for the inherent dignity of the individual, his personal autonomy, including the freedom to make his own choices, and independence;
b) non-discrimination;
c) full and effective involvement and inclusion in society;
d) respect for the characteristics of persons with disabilities and their acceptance as a component of human diversity and part of humanity;
e) equality of opportunity;
f) availability;
g) equality of men and women;
h) Respect for the evolving capacities of children with disabilities and respect for the right of children with disabilities to maintain their individuality.
Article 4 General obligations
1. Participating States undertake to ensure and promote the full enjoyment of all human rights and fundamental freedoms by all persons with disabilities, without discrimination of any kind on the basis of disability. To this end, the participating States undertake:
a) take all appropriate legislative, administrative and other measures to give effect to the rights recognized in this Convention;
(b) Take all appropriate measures, including legislation, to amend or repeal existing laws, ordinances, customs and practices that discriminate against persons with disabilities;
(c) Integrate the protection and promotion of the human rights of persons with disabilities in all policies and programmes;
d) refrain from any act or practice that is inconsistent with this Convention and ensure that public authorities and institutions act in accordance with this Convention;
e) take all appropriate measures to eliminate discrimination on the basis of disability by any person, organization or private enterprise;
(f) To carry out or encourage the research and development of goods, services, equipment and objects of universal design (as defined in Article 2 of this Convention) whose customization to the specific needs of a person with a disability would require the least possible adaptation and minimum cost, to facilitate their availability and use, and also promote the idea of universal design in the development of standards and guidelines;
(g) Conduct or encourage research and development and promote the availability and use of new technologies, including information and communication technologies, mobility aids, devices and assistive technologies suitable for persons with disabilities, with priority given to low-cost technologies;
(h) 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) Encourage the education of professionals and staff working with persons with disabilities about the rights recognized in this Convention in order to improve the provision of the assistance and services guaranteed by these rights.
2. With regard to economic, social and cultural rights, each State Party undertakes to take, to the maximum of its available resources and, if necessary, with international cooperation, measures towards the gradual achievement of the full realization of these rights, without prejudice to those formulated in of this Convention obligations that are directly applicable under international law.
3. In developing and implementing legislation and policies to implement this Convention and in other decision-making processes on matters relating to persons with disabilities, States Parties shall consult closely with persons with disabilities, including children with disabilities, and actively involve them through their representative organizations .
4. Nothing in this Convention shall affect any provision which is more conducive to the realization of the rights of persons with disabilities and which may be contained in the laws of a State Party or international law in force in that State. No restriction or derogation from any human rights and fundamental freedoms recognized or existing in any State Party to this Convention by operation of law, conventions, rules or custom shall be allowed, on the pretext that this Convention does not recognize such rights or freedoms, or that it recognizes them to a lesser extent.
5. The provisions of this Convention shall apply to all parts federal states without any restrictions or exemptions.
Article 5 Equality and non-discrimination
1. The participating States recognize that all persons are equal before and under the law and are entitled to the equal protection and enjoyment of the law without any discrimination.
2. States Parties shall prohibit all discrimination on the basis of disability and shall guarantee to persons with disabilities equal and effective legal protection against discrimination on any grounds.
3. To promote equality and eliminate discrimination, participating States shall take all appropriate steps to ensure reasonable accommodation.
4. Specific measures necessary to accelerate or achieve de facto equality for persons with disabilities shall not be considered discrimination within the meaning of this 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, take measures to ensure their full and equal enjoyment 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 in order to guarantee them the enjoyment and enjoyment of the human rights and fundamental freedoms set forth in this Convention.
Article 7 Children with disabilities
1. The participating States accept 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.
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, given due weight in accordance with their age and maturity, on an equal basis with other children, and to receive assistance appropriate to their disability and age in realizing this. rights.
Article 8 Educational work
1. States Parties undertake to take prompt, effective and appropriate measures to:
(a) Raise awareness of the whole society, including at the family level, about disability issues and strengthen respect for the rights and dignity of persons with disabilities;
(b) Combat stereotypes, prejudice and harmful practices against persons with disabilities, including on the basis of gender and age, in all areas of life;
c) promote the potential and contribution of persons with disabilities.
2. Measures taken to this end include:
(a) Launching and maintaining effective public education campaigns designed to:
i) educate sensitivity to the rights of persons with disabilities;
ii) encourage positive perceptions of persons with disabilities and a greater understanding of them by society;
iii) promote recognition of the skills, merit and abilities of persons with disabilities, as well as their contribution in the workplace and the labor market;
b) upbringing at all levels of the education system, including for all children from early age respect for the rights of persons with disabilities;
(c) encouraging all media outlets to portray persons with disabilities in a manner consistent with the purpose of this Convention;
d) promotion of education and awareness programs on persons with disabilities and their rights.
Article 9 Accessibility
1. In order to enable persons with disabilities to lead independent lives and participate fully in all aspects of life, States Parties shall take appropriate measures to ensure that persons with disabilities have access, on an equal basis with others, to the physical environment, to transport, to information and communications, including information and communication technologies and systems , as well as other facilities and services open or provided to the public, both in urban and rural areas. These measures, which include the identification and removal of barriers and barriers to accessibility, should include, in particular:
a) buildings, roads, vehicles and other indoor and outdoor facilities, including schools, residences, medical facilities and workplaces;
b) information, communication and other services, including electronic services and emergency services.
2. States Parties shall also take appropriate measures to:
(a) Develop, enforce and enforce minimum standards and guidelines for the accessibility of facilities and services open or provided to the public;
b) ensure that private enterprises that offer facilities and services open or provided to the public take into account all aspects of accessibility for persons with disabilities;
c) organize briefings for all stakeholders on accessibility issues faced by persons with disabilities;
d) equip buildings and other facilities open to the public with signs in Braille and in an easily readable and understandable form;
e) provide different kinds the services of assistants and intermediaries, including guides, readers and professional sign language interpreters, to facilitate the accessibility of buildings and other facilities open to the public;
(f) Develop other appropriate forms of assistance and support for persons with disabilities to ensure their access to information;
(g) Promote access by persons with disabilities to new information and communication technologies and systems, including the Internet;
h) encourage the design, development, production and dissemination of initially accessible information and communication technologies and systems, so that the availability of these technologies and systems is achieved at a minimum cost.
Article 10 Right to life
The participating States reaffirm the inalienable right of everyone to life and 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
The participating States accept, 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 armed conflict, humanitarian emergencies and natural disasters.
Article 12 Equality before the law
1. The participating States reaffirm that every person with a disability, wherever he may be, has the right to equal legal protection.
2. States Parties recognize that persons with disabilities have legal capacity on an equal basis with others in all aspects of life.
3. States Parties shall take appropriate measures to ensure that persons with disabilities have access to the support they may require in exercising their legal capacity.
4. Participating States shall ensure that all measures relating to the exercise of legal capacity provide for appropriate and effective safeguards to prevent abuse in accordance with international human rights law. Such guarantees should ensure that measures relating to the exercise of legal capacity are oriented towards respect for the rights, will and preferences of the person, are free from conflicts of interest and undue influence, are proportionate and tailored to the circumstances of that person, are applied for the shortest possible time and regularly reviewed by a competent, independent and impartial body or tribunal.
These guarantees must be proportionate to the extent to which such measures affect the rights and interests of the person concerned.
5. Subject to provisions this article participating States accept all appropriate and effective measures to ensure equal rights for persons with disabilities to own and inherit property, to manage their own financial affairs, and to have equal access to bank loans, mortgages and other forms of financial credit, and ensure that persons with disabilities are not arbitrarily deprived of their property.
Article 13 Access to justice
1. States Parties shall ensure that persons with disabilities have effective access to justice on an equal basis with others, including by providing for procedural and age-appropriate adjustments to facilitate their effective role as direct and indirect participants, including witnesses, in all stages of the legal process, including the investigation stage and other stages of pre-production.
2. To help ensure that persons with disabilities have effective access to justice, participating States shall promote appropriate training for those working in the administration of justice, including in the police and prison system.
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 liberty unlawfully or arbitrarily, and that any deprivation of liberty is in accordance with the law, and that the existence of a disability does not in any way constitute a ground for deprivation of liberty.
2. States Parties shall ensure that, where persons with disabilities are deprived of their liberty by any procedure, they are entitled, on an equal basis with others, to guarantees consistent with international human rights law and that they are treated in accordance with the purposes and principles of this Convention, including providing reasonable accommodation.
Article 15 Freedom from torture and cruel, inhuman or degrading treatment or punishment
1. No one shall be subjected to torture or cruel, inhuman or degrading treatment or punishment. In particular, no person shall, without his free consent, be subjected to medical or scientific experimentation.
2. States Parties shall take all effective legislative, administrative, judicial or other measures to ensure that persons with disabilities, on an equal basis with others, are not 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 at home and outside, from all forms of exploitation, violence and abuse, including those aspects that are gender-based.
2. States Parties shall also take all appropriate measures to prevent all forms of exploitation, violence and abuse, in particular by ensuring that appropriate forms of gender-sensitive care and support are provided to persons with disabilities, their families and caregivers, including including through awareness and education on how to avoid, identify and report exploitation, violence and abuse. States Parties shall ensure that protection services are provided in an age-, sex- and disability-sensitive manner.
3. In an effort to prevent all forms of exploitation, violence and abuse, participating States shall ensure that all institutions and programs designed to serve persons with disabilities are subject to effective supervision by independent bodies.
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 are victims of any form of exploitation, violence or abuse, including through the provision of protection services. Such recovery and reintegration takes place in an environment that promotes the health, well-being, self-respect, dignity and autonomy of the person concerned, and is carried out in an age- and gender-sensitive manner.
5. Participating States shall adopt effective legislation and policies, including those targeting women and children, to ensure that cases of exploitation, violence and abuse of persons with disabilities are identified, investigated and, as appropriate, prosecuted.
Article 17 Protection of personal integrity
Every person with a disability has the right to respect for his physical and mental integrity on an equal basis with others.
Article 18 Freedom of movement and citizenship
1. States Parties recognize the rights of persons with disabilities to freedom of movement, to freedom of choice of residence and to citizenship on an equal basis with others, including by ensuring that persons with disabilities:
a) have the right to acquire and change nationality and are not deprived of their nationality arbitrarily or because of disability;
(b) Are not deprived, by reason of disability, of being able to obtain, possess and use documents confirming their nationality or other identification documents, or use appropriate procedures, such as immigration, which may be necessary to facilitate the exercise of the right to freedom of movement;
c) have the right to freely leave any country, including their own;
d) are not deprived arbitrarily or by reason of disability of the right to enter their own country.
2. Children with disabilities are registered immediately after birth and from birth have the right to a name and to acquire a nationality and, to the greatest extent possible, the right to know and be cared for by their parents.
Article 19 Independent living and involvement in the local community
States Parties to this Convention recognize the equal right of all persons with disabilities to live in habitual places of residence, with equal choices as others, and shall take effective and appropriate measures to promote the full realization of this right by persons with disabilities and their full inclusion and involvement in the local community, including ensuring that:
(a) Persons with disabilities have the opportunity to choose, on an equal basis with other people, their place of residence and where and with whom to live, and were not required to live in any specific housing conditions;
b) persons with disabilities have access to different kind home, community and other community-based support services, including personal assistance needed to support life in and inclusion in the community and avoid isolation or segregation from the community;
(c) Community services and facilities for the general population are equally accessible to persons with disabilities and meet their needs.
Article 20 Individual mobility
States Parties shall take effective measures to ensure the individual mobility of persons with disabilities to the greatest extent possible, including by:
(a) Facilitate the individual mobility of persons with disabilities in the way they choose, at the time of their choice and at an affordable cost;
(b) Facilitate access by persons with disabilities to quality mobility aids, devices, assistive technologies and services of assistants and intermediaries, including by making them available at an affordable cost;
(c) Mobility training for persons with disabilities and the professional staff working with them;
(d) Encouraging businesses that manufacture mobility aids, devices and assistive technologies to take into account all aspects of the mobility of 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 enjoy 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, in all forms of communication of their choice, as defined in article 2 of this Conventions including:
(a) Providing information to persons with disabilities that is intended for the general public, in accessible formats and using technologies that take into account different forms of disability, in a timely manner and at no additional cost;
b) accepting and promoting the use in official communications of: sign languages, Braille, augmentative and alternative modes of communication, and all other available ways, methods and formats of communication at the choice of disabled people;
(c) Actively encouraging private enterprises providing services to the general public, including via the Internet, to provide information and services in formats that are accessible and suitable for persons with disabilities;
d) encouraging the media, including those providing information via the Internet, to make their services accessible to persons with disabilities;
e) recognition and encouragement of the use of sign languages.
Article 22 Immunity privacy
1. Regardless of place of residence or living conditions, no person with a disability shall be subjected to arbitrary or unlawful interference with his privacy, family, home or correspondence or other forms of communication, or unlawful attacks on his honor and reputation. Persons with disabilities are entitled to the protection of the law against such attacks or attacks.
2. States Parties shall protect the confidentiality of the identity, health and rehabilitation of persons with disabilities on an equal basis with others.
Article 23 Respect for home and family
1. States Parties shall take effective and appropriate measures to eliminate discrimination against persons with disabilities in all matters relating to marriage, family, paternity, motherhood and personal relationships, on an equal basis with others, while endeavoring to ensure that:
(a) Recognize the right of all persons with disabilities who have reached marriageable age to marry and found a family on the basis of the free and full consent of the spouses;
(b) Recognize the rights of persons with disabilities to freely and responsibly decide on the number and spacing of children and to access age-appropriate information and education on reproductive behavior and family planning, and provide the means to enable them to exercise these rights;
(c) Persons with disabilities, including children, maintain their fertility on an equal basis with others.
2. States Parties shall ensure the rights and obligations of persons with disabilities in relation to guardianship, guardianship, guardianship, adoption of children or similar institutions, where these concepts are present in national law; in all cases, the best interests of the child are paramount. States Parties shall provide persons with disabilities with appropriate assistance in the performance of their child-rearing responsibilities.
3. States Parties shall ensure that children with disabilities have equal rights with regard to family life. In order to realize these rights and prevent children with disabilities from being hidden, abandoned, neglected and segregated, participating States commit themselves to providing children with disabilities and their families with comprehensive information, services and support from the outset.
4. States Parties shall ensure that a child is not separated from his or her parents against their will, unless the competent authorities, overseen by a court and in accordance with applicable laws and procedures, determine that such separation is necessary in the best interests of the child. Under no circumstances shall a child be separated from its parents because of a disability either of the child or of one or both parents.
5. Participating States undertake, in the event that next of kin are unable to provide care for a child with a disability, to make every effort to arrange for alternative care through the involvement of more distant relatives and, if this is not possible, through the creation of family conditions for the child to live in the local community.
Article 24 Education
1. States Parties recognize the right of persons with disabilities to education. In order to realize this right without discrimination and on the basis of equality of opportunity, participating States shall ensure inclusive education at all levels and lifelong learning, while striving to:
a) to full development human potential, as well as a sense of dignity and self-respect, and to greater respect for human rights, fundamental freedoms and human diversity;
b) to develop the personality, talents and creativity of persons with disabilities, as well as their mental and physical abilities to the fullest extent;
(c) To enable persons with disabilities to participate effectively in a free society.
2. In exercising this right, States Parties shall ensure that:
a) persons with disabilities are not excluded on the basis of disability from the system general education, and children with disabilities - from the system of free and compulsory primary education or secondary education;
(b) Persons with disabilities have access, on an equal basis with others, to inclusive, quality and free primary and secondary education in their communities;
c) reasonable accommodation is provided, taking into account individual needs;
(d) Persons with disabilities receive the required support within the general education system to facilitate their effective learning;
e) in an environment that is most conducive to the acquisition of knowledge and social development, consistent with the goal of full coverage, effective measures were taken to organize individualized support.
3. States Parties shall provide persons with disabilities with the opportunity to learn life and social skills in order to facilitate their full and equal participation in the educational process and as members of the local community. States Parties shall take appropriate measures in this regard, including:
a) promote braille, alternative scripts, augmentative and alternative methods, modes and formats of communication, as well as orientation and mobility skills, and promote peer support and mentoring;
b) contribute to the acquisition of sign language and the promotion of the linguistic identity of the deaf;
(c) ensure that the education of persons, in particular children, who are blind, deaf or deaf-blind, takes place in the languages and methods and means of communication most appropriate to the individual and in a setting which as much as possible contributes to the development of knowledge 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 proficient in sign language and/or Braille, and to train professionals and staff working at all levels of the education system . Such training encompasses disability education and the use of appropriate augmentative and alternative communication methods, modes and formats, teaching methods and materials to support persons with disabilities.
5. States Parties shall ensure that persons with disabilities can have access to a common higher 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 for persons with disabilities.
Article 25 Health
States Parties recognize that persons with disabilities are entitled to the highest attainable standard of health without discrimination on the basis of disability. States Parties shall take all appropriate measures to ensure that persons with disabilities have access to gender-sensitive health services, including health rehabilitation. In particular, participating States:
(a) Provide persons with disabilities with the same range, quality and level of free or low-cost health care services and programs as others, including in the field of sexual and reproductive health and through public health programs offered to the population;
b) provide those health services that persons with disabilities need directly because of their disability, including early diagnosis, and in suitable occasions— interventions and services designed to minimize and prevent further disability, including among children and the elderly;
c) organize these health services as close as possible to the places of direct residence of these people, including in rural areas;
d) require health professionals to provide services to persons with disabilities of the same quality as to others, including on the basis of free and informed consent through, inter alia, raising awareness of the human rights, dignity, autonomy and needs of persons with disabilities through education and acceptance ethical standards for public and private healthcare;
(e) Prohibit discrimination against persons with disabilities in the provision of health and life insurance, where the latter is permitted by national law, and ensure that they are provided on an equitable and reasonable basis;
f) do not discriminately deny health care or health care services or food or fluids based on a disability.
Article 26 Habilitation and rehabilitation
1. States Parties shall take, including with the support of other persons with disabilities, effective and appropriate measures to enable persons with disabilities to achieve and maintain maximum independence, full physical, mental, social and vocational abilities and full inclusion and involvement in all aspects of life. To this end, the participating States shall organize, strengthen and expand comprehensive habilitation and rehabilitation services and programs, especially in the areas of health, employment, education and social services so that these services and programs:
a) start as early as possible and are based on a multidisciplinary needs assessment, and strengths individual;
b) promote involvement and inclusion in the local community and in all aspects of society, are voluntary and accessible to persons with disabilities as close as possible to their immediate residence, including in rural areas.
2. The participating States shall encourage the development of initial and continuing education for professionals and personnel working in the field of habilitation and rehabilitation services.
3. Participating States shall encourage the availability, knowledge and use of assistive devices and technologies related to habilitation and rehabilitation for persons with disabilities.
Article 27 Labor and employment
1. States Parties recognize the right of persons with disabilities to work on an equal basis with others; it includes the right to be able to earn a living in a job that a person with a disability has freely chosen or freely agreed to, in an environment where the labor market and work environment is open, inclusive and accessible to persons with disabilities. States Parties shall ensure and promote the realization of the right to work, including by those persons who acquire a disability during labor activity by adopting, including through legislation, appropriate measures aimed, inter alia, at the following:
(a) The prohibition of discrimination on the basis of disability in all matters relating to all forms of employment, including conditions of employment, employment and employment, retention of employment, promotion and safe and healthy working conditions;
(b) Protection of the rights of persons with disabilities, on an equal basis with others, to just and favorable conditions of work, including equal opportunity and equal pay for work of equal value, safe and healthy conditions labour, including protection from harassment and redress of complaints;
(c) Ensuring that persons with disabilities can exercise their labor and trade union rights on an equal basis with others;
d) enabling persons with disabilities to have effective access to general programs technical and vocational guidance, employment services and vocational and continuing education;
(e) Increasing labor market opportunities for employment and promotion of persons with disabilities, as well as assistance in finding, obtaining, maintaining and resuming employment;
f) expanding opportunities for self-employment, entrepreneurship, development of cooperatives and starting one's own business;
g) employment of persons with disabilities in the public sector;
(h) Encouraging 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) provision of reasonable accommodation for persons with disabilities;
(j) Encouraging persons with disabilities to gain experience in the open labor market;
(k) Promoting vocational and skills rehabilitation, job retention and return to work programs for persons with disabilities.
2. States Parties shall ensure that persons with disabilities are not held in slavery or 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 measures to ensure and promote the realization of this right without discrimination on the basis of disability.
2. States Parties recognize the right of persons with disabilities to social protection and to the enjoyment of this right without discrimination on the basis of disability, and shall take appropriate measures to ensure and promote the realization of this right, including measures:
(a) Ensuring that persons with disabilities have equal access to clean water and that they have access to appropriate and affordable services, devices and other assistance to meet the needs associated with disability;
(b) to ensure that persons with disabilities, in particular women, girls and older persons with disabilities, have access to social protection and poverty reduction programmes;
(c) To ensure that persons with disabilities and their families living in poverty have access to assistance from the State to meet the costs of disability, including appropriate training, counselling, financial assistance and respite care;
(d) ensuring access for persons with disabilities to public housing programs;
(e) Ensuring that people with disabilities have access to retirement benefits and programs.
Article 29 Participation in political and public life
States Parties shall guarantee persons with disabilities political rights and the opportunity to use them on an equal basis with others and undertake:
(a) Ensure that persons with disabilities can participate effectively and fully, directly or through freely chosen representatives, in political and public life on an equal basis with others, including the right and opportunity to vote and be elected, in particular through:
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 election, to actually hold office and perform all public functions at all levels of government, by promoting the use of assistive and new technologies, where appropriate;
(iii) Guaranteeing the free expression of the will of persons with disabilities as voters and, to this end, granting, when necessary, their requests to be assisted by a person of their choice in voting;
(b) Actively promote an environment in which persons with disabilities can participate effectively and fully 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 whose work is related to the state and political life countries, including in the activities political parties and their management;
ii) creating and joining organizations of persons with disabilities in order to represent persons with disabilities at the international, national, regional and local levels.
Article 30 Participation in cultural life, leisure and recreation activities and sports
1. States Parties recognize the right of persons with disabilities to participate on an equal basis with others in cultural life and shall take all appropriate measures to ensure that persons with disabilities:
a) have access to cultural works in accessible formats;
b) have access to television programs, films, theater and other cultural events in accessible formats;
c) have access to places of cultural performance or service, such as theatres, museums, cinemas, libraries and tourist services, and have, to the greatest extent possible, access to monuments and sites of national cultural significance.
2. States Parties shall take appropriate measures to enable persons with disabilities to develop and use their creative, artistic and intellectual potential, not only for their own benefit, but for the enrichment of society as a whole.
3. States Parties shall take all appropriate steps, consistent with international law, to ensure that laws protecting intellectual property rights do not become an unjustified or discriminatory barrier to access to cultural works by persons with disabilities.
4. Persons with disabilities have the right, on an equal basis with others, to have their distinct cultural and linguistic identity recognized and supported, including sign languages and the culture of the deaf.
5. In order to enable persons with disabilities to participate on an equal basis with others in leisure and recreational activities and sporting activities, States Parties shall take appropriate measures:
(a) To encourage and promote the fullest possible participation of persons with disabilities in mainstream sports activities at all levels;
(b) To ensure that persons with disabilities have the opportunity to organize, develop and participate in sports and leisure activities specifically for persons with disabilities, and to promote in this regard that they are provided with appropriate education, training and resources on an equal basis with others;
c) to ensure that persons with disabilities have access to sports, recreation and tourism facilities;
(d) To ensure that children with disabilities have equal access with other children to participate in play, leisure and recreation and sports activities, including activities within the school system;
(e) To ensure that persons with disabilities have access to the services of those involved in the organization of leisure, tourism, recreation and sporting events.
Article 31 Statistics and data collection
1. States Parties undertake to collect appropriate information, including statistical and research data, to enable them to develop and implement strategies for the implementation of this Convention. In the process of collecting and storing this information, you should:
a) comply with legal safeguards, including data protection legislation, to ensure the confidentiality and privacy of persons with disabilities;
b) comply with internationally recognized standards regarding the protection of human rights and fundamental freedoms, and ethical principles when collecting and using statistical data.
2. Information collected pursuant to this article shall be disaggregated as appropriate and used to help assess how States Parties are fulfilling their obligations under this Convention and to identify and address barriers that persons with disabilities face in exercising their rights.
3. The participating States shall take responsibility for disseminating these statistics and making them accessible to persons with disabilities and others.
Article 32 International cooperation
1. States Parties recognize the importance and encouragement of international cooperation in support of national efforts to realize the aims and objectives of this Convention and shall take appropriate and effective measures in this regard, inter-Stately and, where appropriate, in partnership with relevant international and regional organizations and civil society, in particular organizations of persons with disabilities. Such measures could include, in particular:
(a) Ensuring that international cooperation, including international development programmes, is inclusive of and accessible to persons with disabilities;
b) facilitating and supporting the strengthening of existing capabilities, including through the mutual exchange of information, experiences, programs and best practices;
c) promoting cooperation in research and access to scientific and technical knowledge;
(d) Providing, where appropriate, techno-economic assistance, including through facilitating access to and sharing of accessible and assistive technologies, and through technology transfer.
2. The provisions of this article shall not affect the obligations of each State Party to fulfill its obligations under this Convention.
Article 33 National implementation and monitoring
1. States Parties, in accordance with their institutional arrangements, shall designate one or more focal points within government for matters relating to the implementation of this Convention and shall give due consideration to the establishment or designation of a coordinating mechanism within government to facilitate related work in the various sectors and in various levels.
2. States Parties, in accordance with their legal and administrative arrangements, shall maintain, strengthen, designate or establish within themselves a structure, including, where appropriate, one or more independent mechanisms, to promote, protect and monitor the implementation of this Convention. In designating or establishing such a mechanism, States Parties shall take into account the principles relating to the status and functioning of national institutions for the protection and promotion of human rights.
3. Civil society, in particular persons with disabilities and organizations representing them, are fully involved in the monitoring process and participate in it.
Article 34 Committee on the Rights of Persons with Disabilities
1. A Committee on the Rights of Persons with Disabilities (hereinafter referred to as the “Committee”) shall be established and shall perform the functions provided below.
2. At the time this Convention enters into force, the Committee shall be composed of twelve experts. After a further sixty ratifications or accessions to the Convention, the membership of the Committee is increased by six, up to a maximum of eighteen members.
3. Members of the Committee shall serve in their personal capacity and hold high moral character and recognized competence and experience in the field covered by this Convention. In nominating their candidates, States Parties are requested to give due consideration to the provision set forth in Article 4, paragraph 3, of this Convention.
4. The members of the Committee are elected by the States Parties, with attention being paid to equitable geographical distribution, representation various forms civilization and major legal systems, gender balance and participation of disabled experts.
5. Members of the Committee shall be elected by secret ballot from a list of candidates nominated by States Parties from among their nationals at meetings of the Conference of the States Parties. At these meetings, at which two-thirds of the States Parties constitute a quorum, those candidates who have received largest number votes and an absolute majority of the votes of the representatives of the participating States present and voting.
6. Initial elections shall be held no later than six months after the date on which this Convention enters into force. At least four months before the date of each election, the Secretary-General of the United Nations shall write to participating States inviting them to submit nominations within two months. The Secretary-General then draws up alphabetical order a list of all candidates so nominated, indicating the States Parties that have nominated them, and shall forward it to the States Parties to this Convention.
7. Members of the Committee are elected for a four-year term. They are eligible to be re-elected only once. However, six of the members elected at the first election shall expire at the end of the two-year period; immediately after the first election, the names of these six members shall be determined by lot by the presiding officer of the meeting referred to in paragraph 5 of this article.
8. The election of six additional members of the Committee shall be held in conjunction with regular elections, subject to the relevant provisions of this article.
9. If any member of the Committee dies or resigns, or declares that he is no longer able to perform his duties for any other reason, the State Party that nominated that member shall, for the remainder of the term of office, appoint another expert qualified and meeting the requirements provided for in the relevant provisions of this article.
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 exercise of the Committee's functions under this Convention and shall convene its first meeting.
12. The members of the Committee established under this Convention shall receive remuneration approved by the General Assembly of the United Nations from the funds of the United Nations in such manner and on such terms as the Assembly may determine, having regard to the importance of the duties of the Committee.
13. Members of the Committee are entitled to the facilities, privileges and immunities of experts on mission for the United Nations, as set out in the relevant sections of the Convention on the Privileges and Immunities of the United Nations.
Article 35 Reports of States Parties
1. Each State Party shall submit to the Committee, through Secretary General to the United Nations a comprehensive report on the measures taken to give effect to its obligations under this Convention and on the progress made in this regard, within two years of the entry into force of this Convention for the State Party concerned.
2. Thereafter, States Parties shall submit subsequent reports at least every four years, and also whenever the Committee so requests.
3. The Committee shall establish guidelines governing the content of the reports.
4. A State Party that has submitted a comprehensive initial report to the Committee need not repeat in its subsequent reports the information previously provided. States Parties are encouraged to consider making the preparation of reports to the Committee an open and transparent process and to give due consideration to the provision set out in Article 4, paragraph 3, of this Convention.
5. Reports may indicate factors and difficulties affecting the extent to which obligations under this Convention are fulfilled.
Article 36 Consideration of reports
1. Each report shall be considered by the Committee, which shall make proposals and general recommendations on it as it sees fit and forward them to the State Party concerned. A State Party may, by way of reply, send to the Committee any information of its choice. The Committee may request from States Parties Additional information relevant to the implementation of this Convention.
2. When a State Party is substantially overdue in submitting a report, the Committee may notify the State Party concerned that, if the relevant report is not submitted within three months of such notification, the implementation of this Convention in that State Party will need to be reviewed. on the basis of reliable information available to the Committee.
The Committee invites the State party concerned to participate in such consideration. If a State Party submits a report in response, the provisions of paragraph 1 of this article shall apply.
3. The Secretary-General of the United Nations shall make reports available to all participating States.
4. States Parties shall make their reports widely available to the public in their own country and facilitate familiarization with suggestions and general recommendations relating to these reports.
5. Whenever the Committee considers it appropriate, it shall forward the reports of States Parties to the specialized agencies, funds and programs of the United Nations, as well as to other competent authorities, for their attention to a request for technical advice or assistance contained therein, or an indication contained therein of a need for the latter, together with the Committee's comments and recommendations (if any) on those requests or instructions.
Article 37 Cooperation between States Parties and the Committee
1. Each State Party shall cooperate with the Committee and assist its members in the performance of their mandate.
2. In its relations with States Parties, the Committee shall give due consideration to ways and means of enhancing national capacities to implement this Convention, including through international cooperation.
Article 38 Relations of the Committee with other bodies
To promote the effective implementation of this Convention and to encourage international cooperation in the field covered by it:
(a) The specialized agencies and other organs of the United Nations shall have the right to be represented when considering the implementation of such provisions of this Convention as fall within their mandate. Whenever the Committee considers it appropriate, it may invite the specialized agencies and other competent bodies to provide expert advice on the implementation of the Convention in areas falling within their respective mandates. The Committee may invite the specialized agencies and other organs of the United Nations to submit reports on the implementation of the Convention in areas falling within the scope of their activities;
(b) In carrying out its mandate, the Committee consults, as appropriate, with other relevant bodies established by international human rights treaties, with a view to ensuring consistency in their respective reporting guidelines, as well as in their proposals and general recommendations and avoid duplication and overlap in the exercise of their functions.
Article 39 Report of the Committee
The Committee submits a report on its activities to the General Assembly and the Economic and Social Council every two years and may make proposals and general recommendations based on the consideration of reports and information received from States Parties. Such proposals and general recommendations are 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 the Conference of the States Parties to consider any question relating to the implementation of this Convention.
2. Not later than six months after the entry into force of this Convention, the Secretary-General of the United Nations shall convene a Conference of States Parties. Subsequent meetings are called General Secretary every two years or as decided by the Conference of the States Parties.
Article 41 Depositary
The Secretary-General of the United Nations shall be the depositary of this Convention.
Article 42 Signature
This Convention shall be open for signature by all States and regional integration organizations at United Nations Headquarters in New York as from 30 March 2007.
Article 43 Consent to be bound
This Convention shall be subject to ratification by signatory States and formal confirmation by signatory regional integration organizations. It shall be open for accession by any State or regional integration organization not a signatory to this Convention.
Article 44 Regional integration organizations
1. "Regional integration organization" means an organization established by the sovereign States of a particular region to which its member States have transferred competence in respect of matters governed by this Convention. Such organizations shall indicate in their instruments of formal confirmation or accession the extent of their competence with respect to matters governed by this Convention. Subsequently, they inform the depositary of any significant changes in the scope of their competence.
3. For the purposes of paragraph 1 of Article 45 and paragraphs 2 and 3 of Article 47 of this Convention, no instrument deposited by a regional integration organization shall count.
4. In matters within their competence, regional integration organizations may exercise their right to vote in the Conference of States Parties with a number of votes equal to the number their Member States which are Parties to this 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. This Convention shall enter into force on the thirtieth day following the date of deposit of the twentieth instrument of ratification or accession.
2. For each State or regional integration organization which ratifies, formally confirms or accedes to this Convention after the twentieth such instrument has been deposited, the Convention shall enter into force on the thirtieth day after they have deposited their such instrument.
Article 46 Reservations
1. Reservations inconsistent with the object and purpose of this Convention are not permitted.
2. Reservations may be withdrawn at any time.
Article 47 Amendments
1. Any State Party may propose an amendment to this Convention and submit it to the Secretary-General of the United Nations. The Secretary-General shall communicate any proposed amendments to the States Parties, requesting that they notify him whether they favor a conference of States Parties to consider and decide on the proposals.
In the event that, within four months from the date of such communication, at least one third of the States Parties favor such a conference, the Secretary-General shall convene the conference under the auspices of the United Nations. Any amendment approved by a two-thirds majority 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 then to all States Parties for acceptance.
2. An amendment approved 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 on the date of approval of the amendment. Subsequently, the amendment shall enter into force for any State Party on the thirtieth day after that State Party has deposited its instrument of acceptance. An amendment shall be binding only on those States Parties which have accepted it.
3. If the Conference of States Parties so decides by consensus, the amendment approved 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 as the number of instruments of acceptance deposited reaches two-thirds of the number of States Parties at the date of approval of this amendment.
Article 48 Denunciation
A State Party may denounce this Convention by written notification to the Secretary-General of the United Nations. The denunciation shall take effect one year after the date of receipt by the Secretary General of such notification.
Article 49 Accessible format
The text of this Convention should be made available in accessible formats.
Article 50 Authentic texts
The Arabic, Chinese, English, French, Russian and Spanish texts of this Convention shall be equally authentic.
In witness whereof the undersigned plenipotentiaries, being duly authorized thereto by their respective governments, have signed this Convention.
See also other international human rights documents:
https://website/wp-content/uploads/2018/02/Convention-on-the-Rights-of-Disability.pnghttps://website/wp-content/uploads/2018/02/Convention-on-the-Rights-of-Disabled-141x150.png 2018-02-11T15:41:31+00:00 konsulmirProtection of human rightsProtecting human rights at the UNInternational Human Rights InstrumentsProtection of human rights, Protection of human rights at the UN, Convention on the Rights of Persons with Disabilities, UN Convention on the Rights of Persons with Disabilities, International Human Rights InstrumentsConvention on the Rights of Persons with Disabilities United Nations Convention on the Rights of Persons with Disabilities Preamble The States Parties to this Convention, a) Recalling the principles enshrined in the Charter of the United Nations, in which the dignity and worth inherent in all members of the human family and their equal and inalienable rights are recognized as the basis of freedom , justice and peace in the world, b) recognizing that the United...konsulmir [email protected] AdministratorOn September 23, 2013, the UN General Assembly on Disability adopted the latest resolution to date with the very interesting title “The Way Forward: A Disability-inclusive Development Agenda for 2015 and Beyond”.
This resolution aims to provide persons with disabilities with a full range of rights which are guaranteed to them by international documents created over the last millennium.
In spite of active work UN in this area, the interests of disabled people, unfortunately, are violated all over the world. The number of international documents that regulate the rights of persons with disabilities is several dozen. The main ones are:
- the Universal Declaration of Human Rights of December 10, 1948;
- Declaration of the Rights of the Child of November 20, 1959;
- International Covenants on Human Rights of 26 July 1966;
- Declaration of Social Progress and Development of December 11, 1969;
- Declaration on the Rights of Mentally Retarded Persons, December 20, 1971;
- Declaration on the Rights of Persons with Disabilities, December 9, 1975;
- Convention on the Rights of Persons with Disabilities of December 13, 2006
I would like to dwell on Declaration on the Rights of Persons with Disabilities, 1975. This is the first document signed at the international level, which is dedicated to separate group persons with disabilities, but covers all groups of disabilities.
This is a relatively small document, consisting of only 13 articles. It was this document that formed the basis for the signing in 2006 of the Convention on the Rights of Persons with Disabilities.
The Declaration gives a very general definition of the concept of "disabled", it is "any person who cannot independently provide, in whole or in part, the needs of a normal personal and / or social life due to a handicap, whether congenital or acquired."
Later in the Convention this definition was specified as “persons with long-term physical, mental, intellectual or sensory impairments which, in interaction with various barriers, may prevent their full and effective participation in society on an equal basis with others”.
Watch this video for a discussion:
Both of these definitions are expansive, each UN member state has the right to give a more precise definition of disability, dividing it into groups.
There are currently 3 disability groups in Russia, as well as a separate category, which is given to minors who have any of the three disability groups.
The Federal Institution of Medical and Social Expertise recognizes a person as a disabled person.
Federal Law No. 181-FZ of November 24, 1995 “On social protection disabled people in the Russian Federation" A disabled person is a person who has a health disorder with a persistent disorder of body functions, which is caused by diseases or the consequences of injuries, or defects, leading to limitation of life and causing the need for it.
Ratification of the Convention on the Rights of Persons with Disabilities
The Convention on the Rights of Persons with Disabilities is directly the text of the Convention and its Optional Protocol, which were signed by the UN on December 13, 2006 in New York. March 30, 2007 The Convention and the Protocol were open for signature by UN member states.
The countries participating in the Convention are divided into 4 categories:
Russia is a country that has signed and ratified only the Convention without the Optional Protocol. May 3, 2012 the text of the Convention applies to our state, individuals and legal entities.
What is ratification, this is an expression of Russia's consent to be bound by this Convention in the form of approval, acceptance, accession (Article 2 of the Federal Law of the Russian Federation of July 15, 1995 N 101-FZ). According to the Constitution of the Russian Federation, any international agreement signed and ratified by the Russian Federation is higher in force than any domestic law, including higher than the Constitution.
Unfortunately, our country has not signed and, as a result, has not ratified the optional Protocol to the Convention, which means that in the event of a violation of the Convention, individuals cannot apply to the special Committee on the Rights of Persons with Disabilities with their complaints after all domestic remedies have been exhausted in Russia.
Rights and benefits of disabled people in Russia
Can a disabled person open a sole proprietorship?
Basic rights and benefits for persons with disabilities are provided Chapter IV of the Federal Law of November 24, 1995 N 181-FZ "On the social protection of persons with disabilities in the Russian Federation." These include:
- The right to education;
- Providing medical care;
- Ensuring unhindered access to information;
- Participation of the visually impaired in the implementation of operations using facsimile reproduction of a handwritten signature;
- Ensuring unhindered access to social infrastructure facilities;
- Provision of living space;
- Employment of the disabled, the right to work;
- The right to material security (pensions, benefits, insurance payments for health risk insurance, payments to compensate for harm caused to health, and other payments established by the legislation of the Russian Federation);
- The right to social services;
- Provision of social support measures for disabled people to pay for housing and utilities.
Various subjects of the Russian Federation may provide additional rights for the handicapped and handicapped children.
A frequent question is can a disabled person register himself as individual entrepreneur . There are no special restrictions for persons with disabilities, however, there are general restrictions that prevent obtaining IP. These include:
- If the disabled person was previously registered as an individual entrepreneur and this entry has not become invalid;
- If a court has made a decision on his insolvency (bankruptcy) in relation to a disabled person, provided that the year of his recognition as such has not expired from the date of the decision by the court.
- The period established by the court for depriving a disabled person of the right to engage in entrepreneurial activity has not expired.
- If the disabled person has or had a criminal record for intentional grave and especially grave crimes.
For more information about the rights of disabled people of groups 1, 2, 3 in Russia, read in.
The rights of a guardian of a disabled person
Guardian - an adult capable citizen appointed by the guardianship and guardianship authority at the place of residence of the person in need of guardianship.
Citizens deprived of parental rights cannot be guardians, as well as having a criminal record at the time of establishment of guardianship intentional crime against the life or health of citizens.
Conclusion
The state and society have a lot of work to do to organize and simplify the living conditions for the disabled. There are frequent cases of direct discrimination against persons with disabilities on the basis of outward sign leading to isolation of the disabled. At the same time, disabled people are the same people as everyone else, they only require a little more care and attention from all of us.
Reading time: ~7 minutes Marina Semenova 294
International legislation governing the relations between states is based on the principles of freedom from discrimination of all people in the exercise of their rights. Along with generally accepted standards, there are separate documents that relate directly to people with disabilities.
The Convention on the Rights of Persons with Disabilities is an international law treaty that defines the capabilities of persons with disabilities and the obligations of member countries to promote, protect and ensure these rights. Includes the development of a social point of view, thereby recognizing the importance of international cooperation.
International law
Over the years of work of the UN, in the interests of handicapped persons, many normative acts have been developed. In creating legal protection, various aspects of life and deprivation of the incapacitated population of the planet were studied. As a result, several dozen documents regulating the benefits special people.
The main ones include:
- 1948 Universal Declaration of Human Rights.
- The rights of the child, collected in a declaration of 1959.
- International Covenants of 1966.
- Document on social progress and development.
- Declaration on the Rights of Persons with Disabilities of 1975, which is the first international treatise. Dedicated to unhealthy people of all categories. Considered the founder of the Convention on the Rights of Persons with Disabilities of December 13, 2006.
In order to become a party to the Agreement, a state signs an agreement. Signing creates an obligation to carry out its ratification. In the period between the conclusion of the treaty and the implementation of ratification, the country should refrain from actions that would deprive the object of the ability to comply with the provisions of the treaty.
Signing and ratification can take place at any time, the terms are observed by the candidate country as far as internal preparation for this event. Thus, the Republic of Belarus ratified the treaty only in 2016
The next step towards becoming a party to the Agreement is ratification, which has specific measures confirming the intention to exercise the legal rights and obligations contained in the global position.
Another action might be joining. It has the same legal effect as ratification, but if a country has signed an accession, then only one thing is required - the deposit of an instrument of accession.
What is the Convention on the Rights of Persons with Disabilities?
With the adoption of the Declaration of 1975, the term "disabled person" received a detailed definition. Later, during the development of the Convention, the existing definition was clarified, and now it should be understood that this is a person with persistent physical, mental, intellectual or sensory impairments, which, in interaction with various barriers, may interfere with his full and effective participation in society on par with others.
The regulation provides for the privilege, for each UN member state, to make its own adjustments to the existing definition and clarify disability by delimiting it into groups. At present, the Russian Federation officially recognizes 3 groups for the adult population and the category "disabled children", which is given to minors with any of the three disability groups.
What is the Convention? This is the text of the treatise itself and the Optional Protocol supplementing it. The signing of the document for the countries participating in the UN was in New York in 2006. The rules allow ratification of the document in any combination.
States that have ratified the settlement agreement are legally required to comply with the standards prescribed in the Convention on Disabilities
2008 was the moment of signing the international standard. Since May 2012, Federal Law No. 46, this act has been distributed in Russian Federation, and this is expressed by the fact that the acts of individuals, legal entities and the state itself must take place taking into account the principles of the Convention. According to the Constitution, all international pacts adopted by the country are superior in force to any domestic law.
In Russia, only the Convention was adopted without the Optional Protocol. The non-acceptance of the Optional Protocol limits the freedom of disabled persons in terms of appealing against privileges violated by state structures after all domestic remedies have been exhausted in Russia.
Why is it needed?
The need for world standards is important to clearly indicate the protection of social opportunities for disabled people and to reinforce the weight of these privileges. Previously adopted norms that protect unhealthy people, and the attitude itself healthy individuals to inferior citizens were supposed to bring relief to the life of the wounded population.
But when one sees a picture of the life of the disabled, it becomes clear that this potential does not work. People with various disabilities continue to be deprived and held at the back of society in virtually every part of the globe.
Discrimination against persons with disabilities led to the need for a legally binding instrument
Outlining the legal and moral obligations of the state to its citizens with disabilities to encourage and create privileges for them.
Certain elements of these obligations should be emphasized, namely:
- Recognition that "disability" is an evolving concept related to behavioral and emotional barriers that prevent unhealthy people from participating in society. This means that incapacity is not fixed and can change depending on the attitude of society.
- Disability is not considered a disease, and as proof, these individuals can be admitted as active members of society. At the same time, using the full range of its advantages. An example is the tried and tested inclusive education that confirms this element.
- The state does not deal with the problem of a particular person, but rather, through the treatise, determines persons with long-term physical, mental, intellectual and sensory disabilities as beneficiaries, in accordance with the standard approach.
The Common Standard creates incentives to support national efforts to meet core commitments.
- Preamble, giving in a general context a transcript of the most important aspects.
- Purpose revealing the need for the document.
- The main provisions that give an exhaustive disclosure of the primary terms.
- General principles applied to the exercise of all rights enshrined in the world standard.
- The duties of the state, which must be carried out in relation to special people.
- Benefits of incapacitated persons, indicated in such a way that they are equalized with existing civil, cultural, economic, political and social rights ordinary person.
- Identification of measures that the signatory countries should take to ensure an enabling environment for the realization of human potential.
- Framework for global cooperation.
- Implementation and control, which obliges to create boundaries for the monitoring and implementation of the treatise.
- Final procedural points related to the Agreement.
An important article contained in the Covenant is the decision in all actions regarding children with disabilities to give priority to the best interests of the child.
Obligations of States Parties
The global standard defines general and specific obligations for participants in relation to the implementation of the rights of incapacitated persons. Based on common commitments, signatory countries should:
- Take measures of legislative and administrative resources aimed at encouraging the privileges of disabled members of society.
- Eliminate discrimination by introducing legislative acts.
- Protect and encourage unhealthy people through the introduction of state programs.
- Eliminate any practice of violating the privileges of people with disabilities.
- Ensure that the benefits of special people are respected at the public and private levels.
- Ensure access to assistive technology and training for the disabled and those who help them.
- Conduct consulting and information work in decision-making processes affecting the interests of disadvantaged persons in need. In the Russian Federation, there is a legal platform "Consultant Plus", which works in this direction.
The fulfillment of all duties requires control. The treatise laid down the principle of regulation of the national and world level. To this end, a Committee on the Rights of Persons with Disabilities is being established at the international level. It is entrusted with the functions of reviewing periodic reports of countries on the measures they have taken to implement the chapters of the document. The Committee is also authorized to consider individual communications and conduct investigations against participants who have ratified the Optional Protocol.
Performance national basis protection and monitoring of the Agreement is open. The World Standard recognizes that such structures may vary among countries, allowing the establishment own framework, in accordance with the legal and administrative system of the state. But the Covenant stipulates that any body must be independent. And the national framework should include independent national human performance institutions.
While the Treaty does not establish new privileges for the individual, it does call on countries to protect and guarantee people with disabilities their benefits. This not only clarifies that the participant does not discriminate against people with disabilities, but also sets out a series of activities that members of the world relations must take to create an enabling environment. real equality in society. The agreement is far more comprehensive than other human benefits provisions that prohibit discrimination and ensure equality.
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