preamble paragraph (s) · web viewto include “inherent” before dignity, as well as in every...

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Compilation of proposals received from Government delegations electronically by Friday, 18 August 2006, midnight Contributions on issues taken up in organized informals have been forwarded to the respective facilitators. Contributions on bracketed text are posted on the Enable website and will be taken up separately in the plenary. Preamble Pp (g) Egypt, Morocco, Sudan and Syria Recognizing further the diversity of different kinds of disabilities. Pp (n) Egypt, Morocco, Sudan and Syria Replace “gender” with “sex” and replace “discrimination” with “distinction” in accordance with Article 2 (1) from Part II of the ICCPR. Pp (o) Egypt, Morocco, Sudan and Syria Delete “including their gender based manifestations.” Pp (p) Egypt, Morocco, Sudan and Syria Delete it and replace it with the language of Article 3 paragraph (2) of CRC to read as follows; “States Parties 1

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Page 1: Preamble Paragraph (s) · Web viewTo include “inherent” before dignity, as well as in every location in the text where the word “dignity” appears. Other matters. Bangladesh

Compilation of proposals received from Government delegations electronically

by Friday, 18 August 2006, midnight

Contributions on issues taken up in organized informals have been forwarded to the respective facilitators. Contributions on bracketed text are posted on the Enable website and will be taken up separately in the plenary.

Preamble

Pp (g)

Egypt, Morocco, Sudan and Syria

Recognizing further the diversity of different kinds of disabilities.

Pp (n)

Egypt, Morocco, Sudan and Syria

Replace “gender” with “sex” and replace “discrimination” with “distinction” in accordance with Article 2 (1) from Part II of the ICCPR.

Pp (o)

Egypt, Morocco, Sudan and Syria

Delete “including their gender based manifestations.”

Pp (p)

Egypt, Morocco, Sudan and Syria

Delete it and replace it with the language of Article 3 paragraph (2) of CRC to read as follows; “States Parties undertake to ensure the child with disability such protection and care as is necessary for his or her well-being, taking into account the rights and duties of his or her parents, legal guardians, or other individuals legally responsible for him or her, and, to this end, shall take all appropriate legislative and administrative measures.”

Pp (q)

Egypt, Morocco, Sudan and Syria

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Delete it because it is redundant and vague.

Pp (s)

Arab Group

Concerned that situations of armed conflict, foreign occupation, and the occurrence of natural disasters have considerably increased the experience of disability in war-stricken and disaster-prone countries, as well as having especially devastating consequences for the human rights of persons with disabilities;

Bosnia and Herzegovina

Concerned that situations of armed conflict have especially devastating consequences for the enjoyment of the human rights of persons with disabilities, and reaffirming the obligations of parties to armed conflict under international humanitarian law;

Croatia

Concerned that situations of armed conflict have especially devastating consequences for the enjoyment of the human rights of persons with disabilities, and reaffirming the obligations of parties to armed conflict under international humanitarian and human rights law;

Egypt, Morocco, Sudan and Syria

Add “, foreign occupation” after “armed conflicts”, so as to read the first sentence as follows, “Concerned that situation of armed conflict, foreign occupation and the occurrence of natural disasters…”

Qatar on behalf of Bahrain, Kuwait, Oman, Saudi Arabia, Yemen

The states agree with the Arab Group to include a phrase on the “ foreign occupation’ in the beginning of the paragraph (s) so it will read as “concerned that situations of armed conflict and foreign occupation …. Etc

Pp (u)

Canada

Realizing that the individual, having duties to other individuals and to the community to which he or she belongs, is under a responsibility to strive for the promotion and observance of the rights recognized in the present convention (DELETE International Bill of Human Rights,)

Egypt, Morocco, Syria and Sudan

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We want to retain this paragraph as is, and would like to draw your attention to the discrepancy in the translation of the word “Bill” between the English, Arabic and French texts.

European Union

Delete paragraph (u).

Pp (v)

Uganda

To include “inherent” before dignity, as well as in every location in the text where the word “dignity” appears.

Other matters

Bangladesh

Add:

1. Recognizing the importance of ensuring fundamental freedoms, human rights and equal opportunity for all persons with disabilities as indispensable for achieving all types of development framework, strategy, target, goal etc.

2. Emphasizing the importance of mainstreaming the disability issue as an integral part of all strategies of sustainable development and social change.

China

Recognizing an evolving concept of disability where disability is a state of participation restriction resulted from interaction between an individual with impairments and environmental barriers.

Holy See

To include “worth” in every instance that “dignity” appears in the Convention, here in a), f) and v).

Article 1: Purpose

Australia

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“The purpose of the present Convention is to promote, protect and ensure the full and equal enjoyment of all human rights and fundamental freedoms by persons with disabilities, and to promote respect for their inherent dignity.”

China

Add “and full development of persons with disabilities” before the wording of “ respect for their inherent dignity”.

Holy See

To include “worth” after dignity.

Article 2: Definitions“Discrimination”

Kenya

Add : 'or denial of reasonable accommodation' after the word restriction.

Norway

Add at the end: Distinctions, for which there is an objective and reasonable justification, do not constitute discrimination;

“Language”China

Delete definition of “language”.

“Reasonable Accommodation”Australia

Current Chair’s text reads: “Reasonable Accommodation” means necessary and appropriate modifications and adjustments not imposing a disproportionate burden, where needed in a particular case, to ensure to persons with disabilities the enjoyment or exercise on an equal basis with others of all human rights and fundamental freedom.

The Australian delegation proposes replacing “disproportionate burden” with “unjustifiable hardship”

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"Universal design" and "inclusive design"Thailand

"Universal design" and "inclusive design" mean the design of products, environments, programmes and services to be usable by all people, to the greatest extent possible. "Universal design" and "inclusive design" shall not exclude assistive devices forparticular groups of persons with disabilities where this is needed.

Venezuela

Respecto a “diseño universal” y “diseño inclusivo” se decidió usar ambos términos donde quiera que se mencione uno u otro, ya que los dos son complementarios y no sustitutivos.

Article 3: General principles

Holy See

a) to include “worth” after dignity

Article 4: General obligations

African Group, Bangladesh

1 (c), add:

To take all appropriate measures to mainstream issues related to disability as integral strategies for development and social change.

Canada

(3) In the development [DELETE and implementation] of domestic legislation and policies to implement this Convention [DELETE, and in other decision-making processes concerning issues relating to persons with disabilities,] States Parties shall [DELETE closely consult with and actively] involve persons with disabilities including children with disabilities [DELETE and] through their representative organizations.

China

Para. 2, Delete the last sentence starting from the wording of “ without prejudice …. ”

Chile, Costa Rica, Colombia, El Salvador, Uruguay, Mexico, Venezuela, Guatemala, Panama, Nicaragua, Dominican Republic

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g) Equality of rights between men and women from a gender perspective

Costa Rica

ADD: “To ensure legal protection of the rights of persons with disabilities on an equal basis with others and ensure an effective remedy by the competent national tribunals for acts violating their fundamental rights. “

Egypt, Morocco, Sudan and Syria

Paragraph 1 (a): “appropriate” should be translated into المناسبة in the Arabic text.

Article 5: Equality and non-discrimination

African Group

The African Group supports the language in the working text which already enjoys extensive support by most delegations. The Group is not in favour of any changes.

Bangladesh

3: It should be specified what specific measures the States Parties should take to ensure equality and non-discrimination. 

Egypt, Morocco, Sudan and Syria

Retain the current language.

European Union

In paragraph 1 Change the text to be in line with ICCPR article 26: “All persons are equal before the law and are entitled without discrimination to the equal protection of the law”.

In paragraph 3 change the word “promote” to “guarantee”.

Article 6: Women with disabilities

Bangladesh

2: This section should mention about the economic, social and political rights of women with disabilities.  Merely “human rights and fundamental freedom” is not enough.

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This article should specifically mention the recognition of women with disabilities as a complete human category that is discriminated against and marginalized.

Canada

(1) "States Parties recognize that women and girls with disabilities are subject to multiple discrimination and to this end shall take focussed measures that promote their empowerment and ensure gender equality, to eliminate all forms of discrimination against women and girls with disabilities and ensure the full and equal enjoyment by women and girls with disabilities of all human rights and fundamental freedoms."

Egypt, Morocco, Sudan and Syria

Delete paragraphs (1) and (2), and replace with Article 3 from CEDAW, that reads as follows: “States Parties shall take in all fields, in particular in the political, social, economic and cultural fields, all appropriate measures, including legislation, to en sure the full development and advancement of women with disabilities, for the purpose of guaranteeing them the exercise and enjoyment of human rights and fundamental freedoms on a basis of equality with men.”

European Union

The EU has proposed to replace the current 2 paragraphs with one paragraph:

“States Parties shall take all appropriate measures to ensure the full and equal enjoyment of all human rights and fundamental freedoms by women with disabilities on an equal basis with others, bearing in mind the general obligation to ensure equality between women and men and recognising that women and girls are often subject to multiple discrimination”.

GRULAC

2. “Status Parties shall take all appropriate measures to ensure the full development and advancement of women, for the purpose of guaranteeing them the exercise the full and equal enjoyment of all human rights and fundamental freedoms.”

Venezuela

Venezuela apoyará el mantenimiento de estos dos párrafos tal y como están, en forma separada.

En relación con el art. 6, parr. 1 y 2, el Comité los ha reformulado, a fin de reflejar el lenguaje del art. 3 de la Convención sobre Eliminación de todas las formas de Discriminación contra la Mujer, tal como lo han pedido varias delegaciones.

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Venezuela está de acuerdo en que se unan los párrafos 1 y 2, dado que se sobreponen. En consecuencia, la delegación de Venezuela propondrá que el artículo quede redactado de la siguiente manera:

“Los Estados Parte reconocen que las mujeres y las niñas con discapacidad están sujetas a múltiples formas de discriminación y en ese sentido tomarán todas las medidas apropiadas para asegurar el pleno desarrollo y adelanto de la mujer, con el propósito de garantizarles el ejercicio y disfrute de los derechos humanos y las libertades fundamentales establecidos en la presente Convención”.

Article 7: Children with Disabilities

Bosnia and Herzegovina

3. States Parties shall ensure that children with disabilities have the right to express their views freely on all matters affecting them, their views being given due weight in accordance with their age and maturity, on an equal basis with other children, and to be provided with disability and age-appropriate assistance to realize that right.

Egypt, Morocco, Sudan and Syria

Paragraph (1): Delete “to the enjoyment of all rights set out in the present Convention.” And add “on equal basis with other children.”

Paragraph (3): Delete and replace it with Article 12 (1) from the CRC to read as follows:“States Parties shall assure to the child who is capable of forming his or her own views the right to express those views freely in all matters affecting the child, the views of the child being given due weight in accordance with the age and maturity of the child.”

European Union

Paragraph 1:"States Parties shall take all appropriate measures to ensure the full enjoyment by children with disabilities of all human rights and fundamental freedoms on an equal basis with other children".

Paragraph 2: "In all actions concerning children with disabilities the best interest of the child shall be a primary consideration".

Paragraph 3:"State Parties shall ensure that children with disabilities are consulted in all matters affecting them on an equal basis with other children, and that the views of children with disabilities are given due weight in accordance with the age and maturity of the child

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GRULAC

1.States Parties shall take all necessary measures to ensure the full and equal enjoyment by children with disabilities of all human rights and fundamental freedoms and ensure the equal rights of children with disabilities to the enjoyment of all rights set out in the present Convention.

Venezuela

Articles 6 y 7

Venezuela apoyará el mantenimiento de estos dos párrafos tal y como están, en forma separada.

En relación con el art. 6, parr. 1 y 2, el Comité los ha reformulado, a fin de reflejar el lenguaje del art. 3 de la Convención sobre Eliminación de todas las formas de Discriminación contra la Mujer, tal como lo han pedido varias delegaciones.

Venezuela está de acuerdo en que se unan los párrafos 1 y 2, dado que se sobreponen. En consecuencia, la delegación de Venezuela propondrá que el artículo quede redactado de la siguiente manera:

“Los Estados Parte reconocen que las mujeres y las niñas con discapacidad están sujetas a múltiples formas de discriminación y en ese sentido tomarán todas las medidas apropiadas para asegurar el pleno desarrollo y adelanto de la mujer, con el propósito de garantizarles el ejercicio y disfrute de los derechos humanos y las libertades fundamentales establecidos en la presente Convención”.

Article 8: Awareness-raising

African Group

The African Group supports the entire language in the working text on this article as well as the proposal by Bangladesh to incorporate an important issue of the family into this article

Bangladesh

1(a): Considering that the family is the key and most influential social institution, it is recommended to incorporate the Family too in awareness-raising activities.

States parties should coordinate and collaborate with civil society organizations, particularly organizations for and of the persons with disabilities, for awareness-raising and promoting visibility with fair and positive images of persons with disabilities.

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Egypt, Morocco, Sudan and Syria

Paragraph 1 (a): Add “with priority to the family” after “through society” to be read as follows; “to raise awareness throughout society, with priority to the family…”

Paragraph 1 (b): Replace “gender” to be replaced with “sex” to be compatible with language in ICCPR and other international human rights documents.

Holy See

1 a) to include “worth” after dignity.

Uganda

1 a) to include “inherent” before dignity.

Article 9: Accessibility

African Group

The African Group supports the language in the working text.

Bangladesh

This article should mention the issues of Access on the basis of principles of Equality and Affirmative Action regarding substantial opportunities and benefits like access to employment in the public sector, access to public office and access to other economic and political opportunities.

 Bosnia and Herzegovina

1. To enable persons with disabilities to live independently and participate fully in all aspects of life, States Parties shall take appropriate measures to ensure to persons with disabilities access, on an equal basis with others, to the physical environment, to transportation, to information and communications, including information and communications technologies and systems, and to other facilities and services [Delete: open or provided to the public], both in urban and in rural areas.

Israel

Delete paragraph 2(b): Ensure that private entities that offer facilities and services which are open or provided to the public take into account all aspects of accessibility for persons with disabilities.

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Norway

1. “To enable persons with disabilities to live independently and participate fully in all aspects of life, States Parties shall take appropriate measures to ensure to persons with disabilities access, on an equal basis with others, to the developed physical environment, to transportation, to information and communications, including information and communications technologies and systems, and to other facilities and services open or provided to the public, both in urban and in rural areas. These measures, which shall include the identification and elimination of obstacles and barriers to accessibility, shall apply to, inter alia:”

Russian Federation

Para 1 to change the wording “physical environment” to “material infrastructure”.

Para 2 (d) to change “To provide…” to “ To facilitate the installation…”

Para 2 (e) to change “To provide…” to “To facilitate the provision of various…”

Article 12: Equal recognition before the Law

Bangladesh

The Article should specifically mention about the recourses, which the persons with disabilities can take if they are discriminated before the law and the responsibility of the States Parties in ensuring that.

China

New 4:   In the context of this article, the meaning of “legal capacity” shall be interpreted in accordance with applicable law of state parties.

Mexico

3. Add in the beginning: “Subject to the provisions of this article”.

Article 13: Access of Justice

Bangladesh

States Parties should provide for legal and other humanitarian aid to the persons with disabilities to challenge any discrimination against them and the barriers to access justice or them.

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Russian Federation

Para 1 to change delete “and age appropriate” adding after “procedural” following wording “taking into account physical condition”.

Article 15: Freedom from torture or cruel, inhuman or degrading treatment or punishment

Argentina, Brazil, Chile, Colombia, Costa Rica, Dominican Republic, Jamaica, Ecuador, El Salvador, Guatemala, Honduras, Mexico, Nicaragua, Panama, Paraguay, Peru, Uruguay and Venezuela

1. No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment. In particular, no one shall be subjected without his free consent to medical or scientific experimentation.

.Article 16: Freedom from violence and abuse

Canada

(1) "States Parties shall take all appropriate legislative, administrative, social, educational and other measures to protect persons with disabilities, in both private and public settings [DELETE within and outside the home], from all forms of exploitation, violence and abuse, including their gender-based manifestations [DELETE aspects]." (5) "States Parties shall put in place effective legislation and policies, including gender- and children-sensitive [DELETE specific] legislation and policies, to ensure that instances of exploitation, violence and abuse against persons with disabilities are identified, investigated and, where appropriate, prosecuted."

Holy See

4. to include “worth” after dignity.

Russian Federation

Para 3 amend last phrase the following way: “are effectively monitored, including by independent authorities .

Uganda

4. to include “inherent” before dignity.

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Article 17:  Protecting the integrity of the person

Argentina, Brazil, Chile, Colombia, Costa Rica, Dominican Republic, Ecuador, El Salvador, Guatemala, Honduras, Mexico, Nicaragua, Panama, Paraguay, Peru, Uruguay and Venezuela

2 bis. States Parties shall prohibit, and protect persons with disabilities from, medical or scientific experimentation without the free and informed consent of the person concerned.

3. In cases of DEL: medical emergency or issues of risk to public health involving involuntary interventions, persons with disabilities shall be treated on an equal basis with others.

4. DELETE

European Union

Replace Art.17 with:

States Parties shall protect the integrity of the person/persons with disabilities on a basis of equality with others and ensure that in no case shall the existence of disability justify an involuntary intervention or institutionalisation.

Japan

1. States Parties shall protect the integrity of the persons with disabilities on an equal basis with others, (ADD: and ensure that in no case shall the existence of disabilities justify an involuntary intervention or institutionalization).

2. DELETE

3. In cases of medical emergency or issues of risk to public health involving involuntary interventions, persons with disabilities shall be treated on an equal basis with others.

Venezuela

Venezuela propondrá incluir el artículo 15, sobre el derecho a no ser sometido a torturas y otros tratos o penas crueles, en el artículo 17, relativo a la protección de la integridad personal, por cuanto se consideró que la cuestión del no sometimiento a torturas y otros tratos o penas crueles es parte de la protección de la integridad personal. Asimismo, el artículo 15 se incorporaría al 17 con un subtítulo.

Article 18: Liberty of Movement and nationality

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Canada

(1) (b) "Are not deprived, on the basis of disability, of their ability to obtain, possess and utilize documentation of their nationality or other documentation of identification, or to utilize relevant processes such as immigration proceedings, [DELETE that may be needed to facilitate exercise of the right to liberty of movement];"

European Union

In subparagraph (a) delete the words “and change”.  There is no existing right to change one's nationality.

Article 19: Living independently and being included in the community

Russian Federation

Delete subpara (c). It duplicates a number of other articles of the Convention. 

Article 20: Personal mobility

Bangladesh

This Article should specifically mention about the mode of transport (air, road, rail, sea) where the persons with disabilities must be allowed to carry their respective assistive devices to facilitate their mobility.  Any restriction in that regard should be considered as a violation of this convention.

Article 21: Freedom of Expression and opinion and access to information

African Group

The African Group supports the language in the working text and will not welcome any changes to the text formulation; however the Russian proposal to avoid duplication is relevant.

Russian Federation

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Delete subparas (b) and (e) in order to avoid duplication.

Thailand

(c) Requiring private entities that provide services to the general public, including through the Internet, to provide information and services in accessible and usable formats for persons with disabilities;

(d) Requiring  the mass media, including providers of information through the Internet, to make their services accessible to persons with disabilities;

Venezuela

Deberá decidirse si es necesario mantener la mención a las diferentes formas de comunicaciones aquí especificadas, toda vez que en el art. 2 se define lo que son “comunicaciones”.

Venezuela apoya la sustitución de la lista de las diferentes formas de comunicación, por una expresión como la siguiente: “mediante las formas de comunicación definidas en el artículo 2 de esta Convención”.

Article 23: Respect for home and the family

Canada

(1) States Parties shall take effective and appropriate measures to eliminate discrimination against persons with disabilities in all matters relating to marriage, family and personal relations, and shall ensure that [DELETE national] domestic laws, customs and traditions relating to marriage, family and personal relationships do not discriminate on the basis of disability so that: (2) States Parties shall ensure the rights and responsibilities of persons with disabilities with regard to guardianship, wardship, trusteeship and adoption of children, or similar institutions where these concepts exist in national legislation; in all cases the BEST interests of the child [DELETE children] shall be paramount. States Parties shall render appropriate assistance to persons with disabilities in the performance of their child-rearing responsibilities.

China

New chapeau : States Parties shall recognize and take effective and appropriate measures to ensure the rights of persons with disabilities in all matters relating to marriage, family and personal relations on an equal basis with others in accordance with applicable national laws of general application, so that:

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Para 1 c. Add the following words at the beginning of the sentence: “On equal basis with others,”

European Union

In paragraph 1 change the chapeau of the paragraph to read:

States Parties shall take effective and appropriate measures to eliminate discrimination against persons with disabilities in all matters relating to marriage, family, sexuality, personal relations and parenthood, and shall ensure that national laws, customs and traditions are not discriminatory so that:

And retain as

1. current paragraph (b) on marriage

2. current paragraph (c) on children

In the subparagraph (c) delete the term “age-appropriate” and change the end of the sentence to read: “and the opportunity to retain their fertility on an equal basis with others”.

Honduras

1. Las personas con discapacidad tienen igualdad de oportunidades y tengan relaciones intimas legales de acuerdo a la ley nacional, y que experimenten la paternidad y maternidad responsable.

Article 24:  Education

Bangladesh

3(c): the wording “…., and in particular children,….” should be replaced by “….with disabilities…..”

It is suggested to include the criteria of slow learners of persons with intellectual disabilities who also need appropriate languages and specially designed modes and means of communication and environment.

Should include additional commitment for affirmative action for the persons with disabilities.

States Parties should make separate budgetary allocations in their national annual budgets for persons with disabilities in the education sectors and this should be proportionate to

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the population based on the principles of affirmation action, recognizing the fact the education systems, particularly in developing countries are inadequate.

Canada

Add new para. 1(d): (1)(d) Ensuring persons with disabilities the full and equal enjoyment of the right to access education, on a basis of gender equality.

China

Para 1, Chapeau: Replace “ensure” with “promote”;

Holy See

1 a) to include “worth” after dignity.

Kenya

In para 3c, delete the word 'and' between deaf and deafblind; insert the words: 'and others who are variously disadvantaged' after the words 'deafblind'.

Para 4 delete the word 'fluent'and insert the word 'qualified'

Russian Federation

Para 1 new wording: “State Parties recognize the right of unjustified persons with disabilities to education. With a view to realizing this right without discrimination State Parties shall ensure…”

Serbia

1. States Parties recognize the right of persons with disabilities to education without discrimination and on the basis of equal opportunity. With a view to realizing this right, States Parties shall ensure an inclusive education system at all levels, and life- long learning, directed to:

Uganda

1 a) to include “inherent” before dignity.

Article 25: Health

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Bangladesh

The content of this article has been implicated of recognizing the health issue only as “illnesses” and thus has overlooked the concept of “complete well being”.

Subpara. (b) of this article emphasizes on taking preventive measures but intonation of taking any remedial action is absent. 

This Article should include additional commitment for affirmative action for the persons with disabilities.

This Article should include commitment on Prevention measures for disabilities.

States Parties should make separate budgetary allocations in their national annual budgets for persons with disabilities in the health sectors, and this should be proportionate to the population based on the principles of affirmative action, recognizing the fact the health system particularly in developing countries are inadequate. 

Holy See

d) to include “worth” after dignity.

Uganda

d) to include “inherent” before dignity.

Article 26: Habilitation and rehabilitation

Uganda

Para 1 ADD: "(a) bis Ensure that persons with disabilities have the opportunity to direct their individual habilitation and rehabilitation plans, based on their actual needs, life goals and personal aspirations ;"

Para 2 ADD: 2. bis "States parties shall promote the availability, knowledge and use of assistive devices and technologies, de signed for persons with disabilities, as they relate to habilitation and rehabilitation."

Venezuela

Se sugerirá agregar “adaptación y readaptación” y si es posible, incluir una referencia a este tema en la parte de Obligaciones Generales

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Article 27: Work and Employment

European Union

Insert in subparagraph (a) after “all matters concerning” the words “all forms of”.

Israel

New (j) Take all possible measures to facilitate the move of persons with disabilities from outside the labor market into the open labor market, and to ensure in relation to all forms of employment that they are in conditions that provide opportunities for vocational advancement and that employment protection laws and standards apply.

Mexico on behalf of Argentina, Brasil, Chile, Colombia, Costa Rica, Dominican Republic, Ecuador, El Salvador, Guatemala, Honduras, Jamaica, Israel, Malaysia, Panama, Peru, Senegal, Suriname, Uruguay and Venezuela

1.(f) To promote opportunities for self-employment, entrepreneurship, the development of cooperatives and starting one´s own business.

Russian Federation

Para 1 (a) new wording: “to prohibit unjustified discrimination on the basis of disability…”

Article 28: Adequate standard of living and social [protection]

Mexico

2 (a) To ensure access by persons with disabilities to appropriate and affordable services, devices and other assistance for disability-related needs including equal access to clean water;

Article 30:  Participation in cultural life, recreation, leisure and sport

Canada

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(1) "States Parties recognize the right of persons with disabilities to take part on an equal basis with others in cultural life, and shall take all appropriate measures to promote access for [DELETE ensure that] persons with disabilities to enjoy: (a) [DELETE Enjoy access to] cultural materials in all accessible formats; (b) [DELETE Enjoy access to] television programmes, films, theatre and other cultural activities, in all accessible formats; (c) [DELETE Enjoy access to places for] cultural performances or services, such as theatres, museums, cinemas, libraries and tourism services, and, as far as possible, enjoy access to monuments and sites of national cultural importance. Replace current paragraph (3) with the following: (3) "When taking appropriate measures under paragraph (1), States Parties shall ensure that laws protecting intellectual property rights do not constitute a discriminatory barrier to access by persons with disabilities while respecting the provisions of international law."

Russian Federation

Delete para. 3.

Article 31:  Statistics and data collection

African Group

Delete paragraph 2.

European Union

End the subparagraph 1(a) after the word “privacy”.

Article 33: National implementation and monitoring

African Group

1. States Parties shall designate one [DEL: or more] focal point [DEL: s] within government for matters relating to the implementation of the present Convention, and shall give due consideration to the establishment or designation of a coordination

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mechanism to facilitate [ADD: intergovernmental] related action in different sectors and at different levels.

2. States Parties shall, in accordance with their legal and administrative systems, maintain, strengthen, designate or establish at the national level [DEL: an independent mechanism] [ADD: a framework] to promote, protect and monitor implementation of the [ADD: rights recognized in the] present Convention.[DEL:, taking into account, where necessary, gender- and age-specific issues.] [DEL: When designating or establishing such a mechanism, States Parties shall take into account the principles relating to the status and functioning of national institutions for protection and promotion of human rights.]

3. Civil society, in particular [DEL: persons with disabilities and their representative organizations] [ADD: the representative of the national organizations of persons with disabilities] shall be involved and participate fully in the monitoring process.

Bangladesh

The convention should have a specific clause to make its provisions binding on the State Parties. 

The convention should make it obligatory on the States Parties to develop a system to monitor and oversee the implementation of the Articles of this Convention, and inform the United Nations about the systems.  An annual reporting system by the States Parties on the progress of implementation of the Articles should be made mandatory. 

There should be a separate Article making it obligatory on the States Parties to consider, coordinate and collaborate with non-government organizations, particularly organizations and for the persons with disabilities in this regard.

The second paragraph of this article is about establishing an independent mechanism at national level to promote, protect and monitor implementation of the convention.  It is recommended to mandate the establishment of an independent commission as proposed mechanism.

Canada

(2) "States Parties shall, in accordance with their legal and administrative systems, maintain, strengthen, designate or establish [DELETE at the national level an] A framework, including one or more independent mechanismS, to promote, protect and monitor [DELETE implementation of the] the rights contained in the present Convention, taking into account, where necessary, gender- and age-specific issues. When designating or establishing such a mechanism, States Parties shall take into account the principles relating to the status and functioning of national institutions for protection and promotion of human rights."

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Japan

2. State Parties shall, in accordance with their legal and administrative systems, maintain, strengthen, designate or establish [DELETE: at the national level and independent] [ADD: one or more] mechanisms to promote, protect and monitor implementation of the present Convention, taking into account, where necessary, gender and age specific issues. [DELETE: When designating or establishing such a mechanism, State Parties shall take into account the Principles relating to the status and functioning of national institutions for protection and promotion of human rights.]

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