Convention on the Rights
of Persons with Disabilities
Preamble
The States
Parties to the present Convention,
(a) Recalling
the principles proclaimed in the Charter of the United Nations which
recognize the inherent dignity and worth and the equal and
inalienable rights of all members of the human family as the
foundation of freedom, justice and peace in the world,
(b) Recognizing
that the United Nations, in the Universal Declaration of Human Rights
and in the International Covenants on Human Rights, has proclaimed
and agreed that everyone is entitled to all the rights and freedoms
set forth therein, without distinction of any kind,
(c) Reaffirming
the universality, indivisibility, interdependence and
interrelatedness of all human rights and fundamental freedoms and the
need for persons with disabilities to be guaranteed their full
enjoyment without discrimination,
(d) Recalling
the International Covenant on Economic, Social and Cultural Rights,
the International Covenant on Civil and Political Rights, the
International Convention on the Elimination of All Forms of Racial
Discrimination, the Convention on the Elimination of All Forms of
Discrimination against Women, the Convention against Torture and
Other Cruel, Inhuman or Degrading Treatment or Punishment, the
Convention on the Rights of the Child, and the International
Convention on the Protection of the Rights of All Migrant Workers and
Members of Their Families,
(e) Recognizing
that disability is an evolving concept and that disability results
from the interaction between persons with impairments and attitudinal
and environmental barriers that hinders their full and effective
participation in society on an equal basis with others,
(f) Recognizing
the importance of the principles and policy guidelines contained in
the World Programme of Action concerning Disabled Persons and in the
Standard Rules on the Equalization of Opportunities for Persons with
Disabilities in influencing the promotion, formulation and evaluation
of the policies, plans, programmes and actions at the national,
regional and international levels to further equalize opportunities
for persons with disabilities,
(g) Emphasizing
the importance of mainstreaming disability issues as an integral part
of relevant strategies of sustainable development,
(h) Recognizing
also that discrimination against any person on the basis of
disability is a violation of the inherent dignity and worth of the
human person,
(i) Recognizing
further the diversity of persons with disabilities,
(j) Recognizing
the need to promote and protect the human rights of all persons with
disabilities, including those who require more intensive support,
(k) Concerned
that, despite these various instruments and undertakings, persons
with disabilities continue to face barriers in their participation as
equal members of society and violations of their human rights in all
parts of the world,
(l) Recognizing
the importance of international cooperation for improving the living
conditions of persons with disabilities in every country,
particularly in developing countries,
(m) Recognizing
the valued existing and potential contributions made by persons with
disabilities to the overall well-being and diversity of their
communities, and that the promotion of the full enjoyment by persons
with disabilities of their human rights and fundamental freedoms and
of full participation by persons with disabilities will result in
their enhanced sense of belonging and in significant advances in the
human, social and economic development of society and the eradication
of poverty,
(n) Recognizing
the importance for persons with disabilities of their individual
autonomy and independence, including the freedom to make their own
choices,
(o) Considering
that persons with disabilities should have the opportunity to be
actively involved in decision-making processes about policies and
programmes, including those directly concerning them,
(p) Concerned
about the difficult conditions faced by persons with disabilities who
are subject to multiple or aggravated forms of discrimination on the
basis of race, colour, sex, language, religion, political or other
opinion, national, ethnic, indigenous or social origin, property,
birth, age or other status,
(q) Recognizing
that women and girls with disabilities are often at greater risk,
both within and outside the home of violence, injury or abuse,
neglect or negligent treatment, maltreatment or exploitation,
(r) Recognizing
that children with disabilities should have full enjoyment of all
human rights and fundamental freedoms on an equal basis with other
children, and recalling obligations to that end undertaken by States
Parties to the Convention on the Rights of the Child,
(s) Emphasizing
the need to incorporate a gender perspective in all efforts to
promote the full enjoyment of human rights and fundamental freedoms
by persons with disabilities,
(t) Highlighting
the fact that the majority of persons with disabilities live in
conditions of poverty, and in this regard recognizing the critical
need to address the negative impact of poverty on persons with
disabilities,
(u) Bearing
in mind that conditions of peace and security based on full
respect for the purposes and principles contained in the Charter of
the United Nations and observance of applicable human rights
instruments are indispensable for the full protection of persons with
disabilities, in particular during armed conflicts and foreign
occupation,
(v) Recognizing
the importance of accessibility to the physical, social, economic and
cultural environment, to health and education and to information and
communication, in enabling persons with disabilities to fully enjoy
all human rights and fundamental freedoms,
(w) Realizing
that the individual, having duties to other individuals and to the
community to which he or she belongs, is under a responsibility to
strive for the promotion and observance of the rights recognized in
the International Bill of Human Rights,
(x) Convinced
that the family is the natural and fundamental group unit of society
and is entitled to protection by society and the State, and that
persons with disabilities and their family members should receive the
necessary protection and assistance to enable families to contribute
towards the full and equal enjoyment of the rights of persons with
disabilities,
(y) Convinced
that a comprehensive and integral international convention to promote
and protect the rights and dignity of persons with disabilities will
make a significant contribution to redressing the profound social
disadvantage of persons with disabilities and promote their
participation in the civil, political, economic, social and cultural
spheres with equal opportunities, in both developing and developed
countries,
Have agreed
as follows:
Article
1
Purpose
The purpose of
the present Convention is to promote, protect and ensure the full and
equal enjoyment of all human rights and fundamental freedoms by all
persons with disabilities, and to promote respect for their inherent
dignity.
Persons with
disabilities include those who have long-term physical, mental,
intellectual or sensory impairments which in interaction with various
barriers may hinder their full and effective participation in society
on an equal basis with others.
Article
2
Definitions
For the purposes
of the present Convention:
“Communication”
includes languages, display of text, Braille, tactile communication,
large print, accessible multimedia as well as written, audio,
plain-language, human-reader and augmentative and alternative modes,
means and formats of communication, including accessible information
and communication technology;
“Language”
includes spoken and signed languages and other forms of non spoken
languages;
“Discrimination
on the basis of disability” means any distinction, exclusion or
restriction on the basis of disability which has the purpose or
effect of impairing or nullifying the recognition, enjoyment or
exercise, on an equal basis with others, of all human rights and
fundamental freedoms in the political, economic, social, cultural,
civil or any other field. It includes all forms of discrimination,
including denial of reasonable accommodation;
“Reasonable
accommodation” means necessary and appropriate modification and
adjustments not imposing a disproportionate or undue burden, where
needed in a particular case, to ensure to persons with disabilities
the enjoyment or exercise on an equal basis with others of all human
rights and fundamental freedoms;
“Universal
design” means the design of products, environments, programmes and
services to be usable by all people, to the greatest extent possible,
without the need for adaptation or specialized design. “Universal
design” shall not exclude assistive devices for particular groups
of persons with disabilities where this is needed.
Article
3
General principles
The principles
of the present Convention shall be:
(a) Respect for
inherent dignity, individual autonomy including the freedom to make
one’s own choices, and independence of persons;
(b)
Non-discrimination;
(c) Full and
effective participation and inclusion in society;
(d) Respect for
difference and acceptance of persons with disabilities as part of
human diversity and humanity;
(e) Equality of
opportunity;
(f)
Accessibility;
(g) Equality
between men and women;
(h) Respect for
the evolving capacities of children with disabilities and respect for
the right of children with disabilities to preserve their identities.
Article
4
General obligations
1. States
Parties undertake to ensure and promote the full realization of all
human rights and fundamental freedoms for all persons with
disabilities without discrimination of any kind on the basis of
disability. To this end, States Parties undertake:
(a) To adopt all
appropriate legislative, administrative and other measures for the
implementation of the rights recognized in the present Convention;
(b) To take all
appropriate measures, including legislation, to modify or abolish
existing laws, regulations, customs and practices that constitute
discrimination against persons with disabilities;
(c) To take into
account the protection and promotion of the human rights of persons
with disabilities in all policies and programmes;
(d) To refrain
from engaging in any act or practice that is inconsistent with the
present Convention and to ensure that public authorities and
institutions act in conformity with the present Convention;
(e) To take all
appropriate measures to eliminate discrimination on the basis of
disability by any person, organization or private enterprise;
(f) To undertake
or promote research and development of universally designed goods,
services, equipment and facilities, as defined in article 2 of the
present Convention, which should require the minimum possible
adaptation and the least cost to meet the specific needs of a person
with disabilities, to promote their availability and use, and to
promote universal design in the development of standards and
guidelines;
(g) To undertake
or promote research and development of, and to promote the
availability and use of new technologies, including information and
communications technologies, mobility aids, devices and assistive
technologies, suitable for persons with disabilities, giving priority
to technologies at an affordable cost;
(h) To provide
accessible information to persons with disabilities about mobility
aids, devices and assistive technologies, including new technologies,
as well as other forms of assistance, support services and
facilities;
(i) To promote
the training of professionals and staff working with persons with
disabilities in the rights recognized in this Convention so as to
better provide the assistance and services guaranteed by those
rights.
2. With regard
to economic, social and cultural rights, each State Party undertakes
to take measures to the maximum of its available resources and, where
needed, within the framework of international cooperation, with a
view to achieving progressively the full realization of these rights,
without prejudice to those obligations contained in the present
Convention that are immediately applicable according to international
law.
3. In the development and implementation of legislation
and policies to implement the present Convention, and in other
decision-making processes concerning issues relating to persons with
disabilities, States Parties shall closely consult with and actively
involve persons with disabilities, including children with
disabilities, through their representative organizations.
4. Nothing in
the present Convention shall affect any provisions which are more
conducive to the realization of the rights of persons with
disabilities and which may be contained in the law of a State Party
or international law in force for that State. There shall be no
restriction upon or derogation from any of the human rights and
fundamental freedoms recognized or existing in any State Party to the
present Convention pursuant to law, conventions, regulation or custom
on the pretext that the present Convention does not recognize such
rights or freedoms or that it recognizes them to a lesser extent.
5. The
provisions of the present Convention shall extend to all parts of
federal states without any limitations or exceptions.
Article
5
Equality and non-discrimination
1. States
Parties recognize that all persons are equal before and under the law
and are entitled without any discrimination to the equal protection
and equal benefit of the law.
2. States
Parties shall prohibit all discrimination on the basis of disability
and guarantee to persons with disabilities equal and effective legal
protection against discrimination on all grounds.
3. In order to
promote equality and eliminate discrimination, States Parties shall
take all appropriate steps to ensure that reasonable accommodation is
provided.
4. Specific
measures which are necessary to accelerate or achieve de facto
equality of persons with disabilities shall not be considered
discrimination under the terms of the present Convention.
Article
6
Women with disabilities
1. States
Parties recognize that women and girls with disabilities are subject
to multiple discrimination, and in this regard shall take measures to
ensure the full and equal enjoyment by them of all human rights and
fundamental freedoms.
2. States
Parties shall take all appropriate measures to ensure the full
development, advancement and empowerment of women, for the purpose of
guaranteeing them the exercise and enjoyment of the human rights and
fundamental freedoms set out in the present Convention.
Article
7
Children with disabilities
1. States
Parties shall take all necessary measures to ensure the full
enjoyment by children with disabilities of all human rights and
fundamental freedoms on an equal basis with other children.
2. In all
actions concerning children with disabilities, the best interests of
the child shall be a primary consideration.
3. States
Parties shall ensure that children with disabilities have the right
to express their views freely on all matters affecting them, their
views being given due weight in accordance with their age and
maturity, on an equal basis with other children, and to be provided
with disability and age-appropriate assistance to realize that right.
Article
8
Awareness-raising
1. States
Parties undertake to adopt immediate, effective and appropriate
measures:
(a) To raise
awareness throughout society, including at the family level,
regarding persons with disabilities, and to foster respect for the
rights and dignity of persons with disabilities;
(b) To combat
stereotypes, prejudices and harmful practices relating to persons
with disabilities, including those based on sex and age, in all areas
of life;
(c) To promote
awareness of the capabilities and contributions of persons with
disabilities.
2. Measures to
this end include:
(a) Initiating
and maintaining effective public awareness campaigns designed:
(i) To nurture
receptiveness to the rights of persons with disabilities;
(ii) To
promote positive perceptions and greater social awareness towards
persons with disabilities;
(iii) To promote recognition of the
skills, merits and abilities of persons with disabilities, and of
their contributions to the workplace and the labour market;
(b) Fostering at
all levels of the education system, including in all children from an
early age, an attitude of respect for the rights of persons with
disabilities;
(c) Encouraging
all organs of the media to portray persons with disabilities in a
manner consistent with the purpose of the present Convention;
(d) Promoting
awareness-training programmes regarding persons with disabilities and
the rights of persons with disabilities.
Article
9
Accessibility
1. To enable
persons with disabilities to live independently and participate fully
in all aspects of life, States Parties shall take appropriate
measures to ensure to persons with disabilities access, on an equal
basis with others, to the physical environment, to transportation, to
information and communications, including information and
communications technologies and systems, and to other facilities and
services open or provided to the public, both in urban and in rural
areas. These measures, which shall include the identification and
elimination of obstacles and barriers to accessibility, shall apply
to, inter alia:
(a) Buildings,
roads, transportation and other indoor and outdoor facilities,
including schools, housing, medical facilities and workplaces;
(b)
Information, communications and other services, including electronic
services and emergency services.
2. States
Parties shall also take appropriate measures to:
(a) Develop,
promulgate and monitor the implementation of minimum standards and
guidelines for the accessibility of facilities and services open or
provided to the public;
(b) Ensure that private entities that
offer facilities and services which are open or provided to the
public take into account all aspects of accessibility for persons
with disabilities;
(c) Provide training for stakeholders on
accessibility issues facing persons with disabilities;
(d)
Provide in buildings and other facilities open to the public signage
in Braille and in easy to read and understand forms;
(e)
Provide forms of live assistance and intermediaries, including
guides, readers and professional sign language interpreters, to
facilitate accessibility to buildings and other facilities open to
the public;
(f) Promote other appropriate forms of assistance
and support to persons with disabilities to ensure their access to
information;
(g) Promote access for persons with disabilities
to new information and communications technologies and systems,
including the Internet;
(h) Promote the design, development,
production and distribution of accessible information and
communications technologies and systems at an early stage, so that
these technologies and systems become accessible at minimum cost.
Article
10
Right to life
States Parties
reaffirm that every human being has the inherent right to life and
shall take all necessary measures to ensure its effective enjoyment
by persons with disabilities on an equal basis with others.
Article
11
Situations of risk and humanitarian
emergencies
States Parties
shall take, in accordance with their obligations under international
law, including international humanitarian law and international human
rights law, all necessary measures to ensure the protection and
safety of persons with disabilities in situations of risk, including
situations of armed conflict, humanitarian emergencies and the
occurrence of natural disasters.
Article
12
Equal recognition before the law
1. States
Parties reaffirm that persons with disabilities have the right to
recognition everywhere as persons before the law.
2. States
Parties shall recognize that persons with disabilities enjoy legal
capacity on an equal basis with others in all aspects of life.
3. States
Parties shall take appropriate measures to provide access by persons
with disabilities to the support they may require in exercising their
legal capacity.
4. States
Parties shall ensure that all measures that relate to the exercise of
legal capacity provide for appropriate and effective safeguards to
prevent abuse in accordance with international human rights law. Such
safeguards shall ensure that measures relating to the exercise of
legal capacity respect the rights, will and preferences of the
person, are free of conflict of interest and undue influence, are
proportional and tailored to the person’s circumstances, apply for
the shortest time possible and are subject to regular review by a
competent, independent and impartial authority or judicial body. The
safeguards shall be proportional to the degree to which such measures
affect the person’s rights and interests.
5. Subject to
the provisions of this article, States Parties shall take all
appropriate and effective measures to ensure the equal right of
persons with disabilities to own or inherit property, to control
their own financial affairs and to have equal access to bank loans,
mortgages and other forms of financial credit, and shall ensure that
persons with disabilities are not arbitrarily deprived of their
property.
Article
13
Access to justice
1. States
Parties shall ensure effective access to justice for persons with
disabilities on an equal basis with others, including through the
provision of procedural and age-appropriate accommodations, in order
to facilitate their effective role as direct and indirect
participants, including as witnesses, in all legal proceedings,
including at investigative and other preliminary stages.
2. In order to
help to ensure effective access to justice for persons with
disabilities, States Parties shall promote appropriate training for
those working in the field of administration of justice, including
police and prison staff.
Article
14
Liberty and security of the person
1. States
Parties shall ensure that persons with disabilities, on an equal
basis with others:
(a) Enjoy the
right to liberty and security of person;
(b) Are not deprived
of their liberty unlawfully or arbitrarily, and that any deprivation
of liberty is in conformity with the law, and that the existence of a
disability shall in no case justify a deprivation of liberty.
2. States
Parties shall ensure that if persons with disabilities are deprived
of their liberty through any process, they are, on an equal basis
with others, entitled to guarantees in accordance with international
human rights law and shall be treated in compliance with the
objectives and principles of this Convention, including by provision
of reasonable accommodation.
Article
15
Freedom from torture or cruel, inhuman
or degrading treatment
or punishment
1. No one shall
be subjected to torture or to cruel, inhuman or degrading treatment
or punishment. In particular, no one shall be subjected without his
or her free consent to medical or scientific experimentation.
2. States
Parties shall take all effective legislative, administrative,
judicial or other measures to prevent persons with disabilities, on
an equal basis with others, from being subjected to torture or cruel,
inhuman or degrading treatment or punishment.
Article
16
Freedom from exploitation, violence and
abuse
1. States
Parties shall take all appropriate legislative, administrative,
social, educational and other measures to protect persons with
disabilities, both within and outside the home, from all forms of
exploitation, violence and abuse, including their gender-based
aspects.
2. States
Parties shall also take all appropriate measures to prevent all forms
of exploitation, violence and abuse by ensuring, inter alia,
appropriate forms of gender- and age-sensitive assistance and support
for persons with disabilities and their families and caregivers,
including through the provision of information and education on how
to avoid, recognize and report instances of exploitation, violence
and abuse. States Parties shall ensure that protection services are
age-, gender- and disability-sensitive.
3. In order to
prevent the occurrence of all forms of exploitation, violence and
abuse, States Parties shall ensure that all facilities and programmes
designed to serve persons with disabilities are effectively monitored
by independent authorities.
4. States
Parties shall take all appropriate measures to promote the physical,
cognitive and psychological recovery, rehabilitation and social
reintegration of persons with disabilities who become victims of any
form of exploitation, violence or abuse, including through the
provision of protection services. Such recovery and reintegration
shall take place in an environment that fosters the health, welfare,
self-respect, dignity and autonomy of the person and takes into
account gender- and age-specific needs.
5. States
Parties shall put in place effective legislation and policies,
including women- and child-focused legislation and policies, to
ensure that instances of exploitation, violence and abuse against
persons with disabilities are identified, investigated and, where
appropriate, prosecuted.
Article
17
Protecting the integrity of the person
Every person
with disabilities has a right to respect for his or her physical and
mental integrity on an equal basis with others.
Article
18
Liberty of movement and nationality
1. States
Parties shall recognize the rights of persons with disabilities to
liberty of movement, to freedom to choose their residence and to a
nationality, on an equal basis with others, including by ensuring
that persons with disabilities:
(a) Have the
right to acquire and change a nationality and are not deprived of
their nationality arbitrarily or on the basis of disability;
(b)
Are not deprived, on the basis of disability, of their ability to
obtain, possess and utilize documentation of their nationality or
other documentation of identification, or to utilize relevant
processes such as immigration proceedings, that may be needed to
facilitate exercise of the right to liberty of movement;
(c) Are free to
leave any country, including their own;
(d) Are not
deprived, arbitrarily or on the basis of disability, of the right to
enter their own country.
2. Children with
disabilities shall be registered immediately after birth and shall
have the right from birth to a name, the right to acquire a
nationality and, as far as possible, the right to know and be cared
for by their parents.
Article
19
Living independently and being included
in the community
States Parties
to this Convention recognize the equal right of all persons with
disabilities to live in the community, with choices equal to others,
and shall take effective and appropriate measures to facilitate full
enjoyment by persons with disabilities of this right and their full
inclusion and participation in the community, including by ensuring
that:
(a) Persons with
disabilities have the opportunity to choose their place of residence
and where and with whom they live on an equal basis with others and
are not obliged to live in a particular living arrangement;
(b) Persons with
disabilities have access to a range of in-home, residential and other
community support services, including personal assistance necessary
to support living and inclusion in the community, and to prevent
isolation or segregation from the community;
(c) Community
services and facilities for the general population are available on
an equal basis to persons with disabilities and are responsive to
their needs.
Article
20
Personal mobility
States Parties
shall take effective measures to ensure personal mobility with the
greatest possible independence for persons with disabilities,
including by:
(a) Facilitating
the personal mobility of persons with disabilities in the manner and
at the time of their choice, and at affordable cost;
(b)
Facilitating access by persons with disabilities to quality mobility
aids, devices, assistive technologies and forms of live assistance
and intermediaries, including by making them available at affordable
cost;
(c) Providing
training in mobility skills to persons with disabilities and to
specialist staff working with persons with disabilities;
(d)
Encouraging entities that produce mobility aids, devices and
assistive technologies to take into account all aspects of mobility
for persons with disabilities.
Article
21
Freedom of expression and opinion, and
access to information
States Parties
shall take all appropriate measures to ensure that persons with
disabilities can exercise the right to freedom of expression and
opinion, including the freedom to seek, receive and impart
information and ideas on an equal basis with others and through all
forms of communication of their choice, as defined in article 2 of
the present Convention, including by:
(a) Providing
information intended for the general public to persons with
disabilities in accessible formats and technologies appropriate to
different kinds of disabilities in a timely manner and without
additional cost;
(b) Accepting and facilitating the use of
sign languages, Braille, augmentative and alternative communication,
and all other accessible means, modes and formats of communication of
their choice by persons with disabilities in official
interactions;
(c) Urging private entities that provide
services to the general public, including through the Internet, to
provide information and services in accessible and usable formats for
persons with disabilities;
(d) Encouraging the mass media,
including providers of information through the Internet, to make
their services accessible to persons with disabilities;
(e)
Recognizing and promoting the use of sign languages.
Article
22
Respect for privacy
1. No person
with disabilities, regardless of place of residence or living
arrangements, shall be subjected to arbitrary or unlawful
interference with his or her privacy, family, home or correspondence
or other types of communication or to unlawful attacks on his or her
honour and reputation. Persons with disabilities have the right to
the protection of the law against such interference or attacks.
2. States
Parties shall protect the privacy of personal, health and
rehabilitation information of persons with disabilities on an equal
basis with others.
Article
23
Respect for home and the family
1. States
Parties shall take effective and appropriate measures to eliminate
discrimination against persons with disabilities in all matters
relating to marriage, family, parenthood and relationships, on an
equal basis with others, so as to ensure that:
(a) The right of
all persons with disabilities who are of marriageable age to marry
and to found a family on the basis of free and full consent of the
intending spouses is recognized;
(b) The rights
of persons with disabilities to decide freely and responsibly on the
number and spacing of their children and to have access to
age-appropriate information, reproductive and family planning
education are recognized, and the means necessary to enable them to
exercise these rights are provided;
(c) Persons with
disabilities, including children, retain their fertility on an equal
basis with others.
2. States
Parties shall ensure the rights and responsibilities of persons with
disabilities, with regard to guardianship, wardship, trusteeship,
adoption of children or similar institutions, where these concepts
exist in national legislation; in all cases the best interests of the
child shall be paramount. States Parties shall render appropriate
assistance to persons with disabilities in the performance of their
child-rearing responsibilities.
3. States
Parties shall ensure that children with disabilities have equal
rights with respect to family life. With a view to realizing these
rights, and to prevent concealment, abandonment, neglect and
segregation of children with disabilities, States Parties shall
undertake to provide early and comprehensive information, services
and support to children with disabilities and their families.
4. States
Parties shall ensure that a child shall not be separated from his or
her parents against their will, except when competent authorities
subject to judicial review determine, in accordance with applicable
law and procedures, that such separation is necessary for the best
interests of the child. In no case shall a child be separated from
parents on the basis of a disability of either the child or one or
both of the parents.
5. States
Parties shall, where the immediate family is unable to care for a
child with disabilities, undertake every effort to provide
alternative care within the wider family, and failing that, within
the community in a family setting.
Article
24
Education
1. States
Parties recognize the right of persons with disabilities to
education. With a view to realizing this right without discrimination
and on the basis of equal opportunity, States Parties shall ensure an
inclusive education system at all levels and life long learning
directed to:
(a) The full
development of human potential and sense of dignity and self-worth,
and the strengthening of respect for human rights, fundamental
freedoms and human diversity;
(b) The development by persons
with disabilities of their personality, talents and creativity, as
well as their mental and physical abilities, to their fullest
potential;
(c) Enabling persons with disabilities to
participate effectively in a free society.
2. In realizing
this right, States Parties shall ensure that:
(a) Persons with
disabilities are not excluded from the general education system on
the basis of disability, and that children with disabilities are not
excluded from free and compulsory primary education, or from
secondary education, on the basis of disability;
(b) Persons
with disabilities can access an inclusive, quality and free primary
education and secondary education on an equal basis with others in
the communities in which they live;
(c) Reasonable
accommodation of the individual’s requirements is provided;
(d) Persons with
disabilities receive the support required, within the general
education system, to facilitate their effective education;
(e) Effective
individualized support measures are provided in environments that
maximize academic and social development, consistent with the goal of
full inclusion.
3. States
Parties shall enable persons with disabilities to learn life and
social development skills to facilitate their full and equal
participation in education and as members of the community. To this
end, States Parties shall take appropriate measures, including:
(a) Facilitating
the learning of Braille, alternative script, augmentative and
alternative modes, means and formats of communication and orientation
and mobility skills, and facilitating peer support and mentoring;
(b) Facilitating
the learning of sign language and the promotion of the linguistic
identity of the deaf community;
(c) Ensuring
that the education of persons, and in particular children, who are
blind, deaf or deafblind, is delivered in the most appropriate
languages and modes and means of communication for the individual,
and in environments which maximize academic and social development.
4. In order to
help ensure the realization of this right, States Parties shall take
appropriate measures to employ teachers, including teachers with
disabilities, who are qualified in sign language and/or Braille, and
to train professionals and staff who work at all levels of education.
Such training shall incorporate disability awareness and the use of
appropriate augmentative and alternative modes, means and formats of
communication, educational techniques and materials to support
persons with disabilities.
5. States
Parties shall ensure that persons with disabilities are able to
access general tertiary education, vocational training, adult
education and lifelong learning without discrimination and on an
equal basis with others. To this end, States Parties shall ensure
that reasonable accommodation is provided to persons with
disabilities.
Article
25
Health
States Parties
recognize that persons with disabilities have the right to the
enjoyment of the highest attainable standard of health without
discrimination on the basis of disability. States Parties shall take
all appropriate measures to ensure access for persons with
disabilities to health services that are gender-sensitive, including
health-related rehabilitation. In particular, States Parties shall:
(a) Provide
persons with disabilities with the same range, quality and standard
of free or affordable health care and programmes as provided to other
persons, including in the area of sexual and reproductive health and
population-based public health programmes;
(b) Provide those
health services needed by persons with disabilities specifically
because of their disabilities, including early identification and
intervention as appropriate, and services designed to minimize and
prevent further disabilities, including among children and older
persons;
(c) Provide these health services as close as
possible to people’s own communities, including in rural areas;
(d) Require health professionals to provide care of the same
quality to persons with disabilities as to others, including on the
basis of free and informed consent by, inter alia, raising awareness
of the human rights, dignity, autonomy and needs of persons with
disabilities through training and the promulgation of ethical
standards for public and private health care;
(e) Prohibit
discrimination against persons with disabilities in the provision of
health insurance, and life insurance where such insurance is
permitted by national law, which shall be provided in a fair and
reasonable manner;
(f) Prevent discriminatory denial of health
care or health services or food and fluids on the basis of
disability.
Article
26
Habilitation and rehabilitation
1. States
Parties shall take effective and appropriate measures, including
through peer support, to enable persons with disabilities to attain
and maintain maximum independence, full physical, mental, social and
vocational ability, and full inclusion and participation in all
aspects of life. To that end, States Parties shall organize,
strengthen and extend comprehensive habilitation and rehabilitation
services and programmes, particularly in the areas of health,
employment, education and social services, in such a way that these
services and programmes:
(a) Begin at the
earliest possible stage, and are based on the multidisciplinary
assessment of individual needs and strengths;
(b) Support
participation and inclusion in the community and all aspects of
society, are voluntary, and are available to persons with
disabilities as close as possible to their own communities, including
in rural areas.
2. States
Parties shall promote the development of initial and continuing
training for professionals and staff working in habilitation and
rehabilitation services.
3. States
Parties shall promote the availability, knowledge and use of
assistive devices and technologies, designed for persons with
disabilities, as they relate to habilitation and rehabilitation.
Article
27
Work and employment
1. States
Parties recognize the right of persons with disabilities to work, on
an equal basis with others; this includes the right to the
opportunity to gain a living by work freely chosen or accepted in a
labour market and work environment that is open, inclusive and
accessible to persons with disabilities. States Parties shall
safeguard and promote the realization of the right to work, including
for those who acquire a disability during the course of employment,
by taking appropriate steps, including through legislation, to, inter
alia:
(a) Prohibit
discrimination on the basis of disability with regard to all matters
concerning all forms of employment, including conditions of
recruitment, hiring and employment, continuance of employment, career
advancement and safe and healthy working conditions;
(b)
Protect the rights of persons with disabilities, on an equal basis
with others, to just and favourable conditions of work, including
equal opportunities and equal remuneration for work of equal value,
safe and healthy working conditions, including protection from
harassment, and the redress of grievances;
(c) Ensure that
persons with disabilities are able to exercise their labour and trade
union rights on an equal basis with others;
(d) Enable persons
with disabilities to have effective access to general technical and
vocational guidance programmes, placement services and vocational and
continuing training;
(e) Promote employment opportunities and
career advancement for persons with disabilities in the labour
market, as well as assistance in finding, obtaining, maintaining and
returning to employment;
(f) Promote opportunities for
self-employment, entrepreneurship, the development of cooperatives
and starting one’s own business;
(g) Employ persons with
disabilities in the public sector;
(h) Promote the employment
of persons with disabilities in the private sector through
appropriate policies and measures, which may include affirmative
action programmes, incentives and other measures;
(i) Ensure
that reasonable accommodation is provided to persons with
disabilities in the workplace;
(j) Promote the acquisition by
persons with disabilities of work experience in the open labour
market;
(k) Promote vocational and professional
rehabilitation, job retention and return-to-work programmes for
persons with disabilities.
2. States
Parties shall ensure that persons with disabilities are not held in
slavery or in servitude, and are protected, on an equal basis with
others, from forced or compulsory labour.
Article
28
Adequate standard of living and social
protection
1. States
Parties recognize the right of persons with disabilities to an
adequate standard of living for themselves and their families,
including adequate food, clothing and housing, and to the continuous
improvement of living conditions, and shall take appropriate steps to
safeguard and promote the realization of this right without
discrimination on the basis of disability.
2. States
Parties recognize the right of persons with disabilities to social
protection and to the enjoyment of that right without discrimination
on the basis of disability, and shall take appropriate steps to
safeguard and promote the realization of this right, including
measures:
(a) To ensure
equal access by persons with disabilities to clean water services,
and to ensure access to appropriate and affordable services, devices
and other assistance for disability-related needs;
(b) To
ensure access by persons with disabilities, in particular women and
girls with disabilities and older persons with disabilities, to
social protection programmes and poverty reduction programmes;
(c)
To ensure access by persons with disabilities and their families
living in situations of poverty to assistance from the State with
disability-related expenses, including adequate training,
counselling, financial assistance and respite care;
(d) To
ensure access by persons with disabilities to public housing
programmes;
(e) To ensure equal access by persons with
disabilities to retirement benefits and programmes.
Article
29
Participation in political and public
life
States Parties
shall guarantee to persons with disabilities political rights and the
opportunity to enjoy them on an equal basis with others, and shall
undertake to:
(a) Ensure that
persons with disabilities can effectively and fully participate in
political and public life on an equal basis with others, directly or
through freely chosen representatives, including the right and
opportunity for persons with disabilities to vote and be elected,
inter alia, by:
(i) Ensuring that voting procedures,
facilities and materials are appropriate, accessible and easy to
understand and use;
(ii) Protecting the right of persons with
disabilities to vote by secret ballot in elections and public
referendums without intimidation, and to stand for elections, to
effectively hold office and perform all public functions at all
levels of government, facilitating the use of assistive and new
technologies where appropriate;
(iii) Guaranteeing the free
expression of the will of persons with disabilities as electors and
to this end, where necessary, at their request, allowing assistance
in voting by a person of their own choice;
(b) Promote
actively an environment in which persons with disabilities can
effectively and fully participate in the conduct of public affairs,
without discrimination and on an equal basis with others, and
encourage their participation in public affairs, including:
(i)
Participation in non-governmental organizations and associations
concerned with the public and political life of the country, and in
the activities and administration of political parties;
(ii)
Forming and joining organizations of persons with disabilities to
represent persons with disabilities at international, national,
regional and local levels.
Article
30
Participation in cultural life,
recreation, leisure and sport
1. States
Parties recognize the right of persons with disabilities to take part
on an equal basis with others in cultural life, and shall take all
appropriate measures to ensure that persons with disabilities:
(a) Enjoy access
to cultural materials in accessible formats;
(b) Enjoy access
to television programmes, films, theatre and other cultural
activities, in accessible formats;
(c) Enjoy access to places
for cultural performances or services, such as theatres, museums,
cinemas, libraries and tourism services, and, as far as possible,
enjoy access to monuments and sites of national cultural importance.
2. States
Parties shall take appropriate measures to enable persons with
disabilities to have the opportunity to develop and utilize their
creative, artistic and intellectual potential, not only for their own
benefit, but also for the enrichment of society.
3. States
Parties shall take all appropriate steps, in accordance with
international law, to ensure that laws protecting intellectual
property rights do not constitute an unreasonable or discriminatory
barrier to access by persons with disabilities to cultural materials.
4. Persons with
disabilities shall be entitled, on an equal basis with others, to
recognition and support of their specific cultural and linguistic
identity, including sign languages and deaf culture.
5. With a view
to enabling persons with disabilities to participate on an equal
basis with others in recreational, leisure and sporting activities,
States Parties shall take appropriate measures:
(a) To encourage
and promote the participation, to the fullest extent possible, of
persons with disabilities in mainstream sporting activities at all
levels;
(b) To ensure that persons with disabilities have an
opportunity to organize, develop and participate in
disability-specific sporting and recreational activities and, to this
end, encourage the provision, on an equal basis with others, of
appropriate instruction, training and resources;
(c) To
ensure that persons with disabilities have access to sporting,
recreational and tourism venues;
(d) To ensure that children
with disabilities have equal access with other children to
participation in play, recreation and leisure and sporting
activities, including those activities in the school system;
(e)
To ensure that persons with disabilities have access to services from
those involved in the organization of recreational, tourism, leisure
and sporting activities.
Article
31
Statistics and data collection
1. States
Parties undertake to collect appropriate information, including
statistical and research data, to enable them to formulate and
implement policies to give effect to the present Convention. The
process of collecting and maintaining this information shall:
(a) Comply with
legally established safeguards, including legislation on data
protection, to ensure confidentiality and respect for the privacy of
persons with disabilities;
(b) Comply with internationally
accepted norms to protect human rights and fundamental freedoms and
ethical principles in the collection and use of statistics.
2. The
information collected in accordance with this article shall be
disaggregated, as appropriate, and used to help assess the
implementation of States Parties’ obligations under the present
Convention and to identify and address the barriers faced by persons
with disabilities in exercising their rights.
3. States
Parties shall assume responsibility for the dissemination of these
statistics and ensure their accessibility to persons with
disabilities and others.
Article
32
International cooperation
1. States
Parties recognize the importance of international cooperation and its
promotion, in support of national efforts for the realization of the
purpose and objectives of the present Convention, and will undertake
appropriate and effective measures in this regard, between and among
States and, as appropriate, in partnership with relevant
international and regional organizations and civil society, in
particular organizations of persons with disabilities. Such measures
could include, inter alia:
(a) Ensuring
that international cooperation, including international development
programmes, is inclusive of and accessible to persons with
disabilities;
(b) Facilitating and supporting
capacity-building, including through the exchange and sharing of
information, experiences, training programmes and best
practices;
(c) Facilitating cooperation in research and access
to scientific and technical knowledge;
(d) Providing, as
appropriate, technical and economic assistance, including by
facilitating access to and sharing of accessible and assistive
technologies, and through the transfer of technologies.
2. The
provisions of this article are without prejudice to the obligations
of each State Party to fulfil its obligations under the present
Convention.
Article
33
National implementation and monitoring
1. States
Parties, in accordance with their system of organization, shall
designate one or more focal points within government for matters
relating to the implementation of the present Convention, and shall
give due consideration to the establishment or designation of a
coordination mechanism within government to facilitate related action
in different sectors and at different levels.
2. States
Parties shall, in accordance with their legal and administrative
systems, maintain, strengthen, designate or establish within the
State Party, a framework, including one or more independent
mechanisms, as appropriate, to promote, protect and monitor
implementation of the present Convention. When designating or
establishing such a mechanism, States Parties shall take into account
the principles relating to the status and functioning of national
institutions for protection and promotion of human rights.
3. Civil
society, in particular persons with disabilities and their
representative organizations, shall be involved and participate fully
in the monitoring process.
Article
34
Committee on the Rights of Persons with
Disabilities
1. There shall
be established a Committee on the Rights of Persons with Disabilities
(hereafter referred to as “the Committee”), which shall carry out
the functions hereinafter provided.
2. The Committee
shall consist, at the time of entry into force of the present
Convention, of twelve experts. After an additional sixty
ratifications or accessions to the Convention, the membership of the
Committee shall increase by six members, attaining a maximum number
of eighteen members.
3. The members
of the Committee shall serve in their personal capacity and shall be
of high moral standing and recognized competence and experience in
the field covered by the present Convention. When nominating their
candidates, States Parties are invited to give due consideration to
the provision set out in article 4.3 of the present Convention.
4. The members
of the Committee shall be elected by States Parties, consideration
being given to equitable geographical distribution, representation of
the different forms of civilization and of the principal legal
systems, balanced gender representation and participation of experts
with disabilities.
5. The members
of the Committee shall be elected by secret ballot from a list of
persons nominated by the States Parties from among their nationals at
meetings of the Conference of States Parties. At those meetings, for
which two thirds of States Parties shall constitute a quorum, the
persons elected to the Committee shall be those who obtain the
largest number of votes and an absolute majority of the votes of the
representatives of States Parties present and voting.
6. The initial
election shall be held no later than six months after the date of
entry into force of the present Convention. At least four months
before the date of each election, the Secretary-General of the United
Nations shall address a letter to the States Parties inviting them to
submit the nominations within two months. The Secretary-General shall
subsequently prepare a list in alphabetical order of all persons thus
nominated, indicating the State Parties which have nominated them,
and shall submit it to the States Parties to the present Convention.
7. The members
of the Committee shall be elected for a term of four years. They
shall be eligible for re-election once. However, the term of six of
the members elected at the first election shall expire at the end of
two years; immediately after the first election, the names of these
six members shall be chosen by lot by the chairperson of the meeting
referred to in paragraph 5 of this article.
8. The election
of the six additional members of the Committee shall be held on the
occasion of regular elections, in accordance with the relevant
provisions of this article.
9. If a member
of the Committee dies or resigns or declares that for any other cause
she or he can no longer perform her or his duties, the State Party
which nominated the member shall appoint another expert possessing
the qualifications and meeting the requirements set out in the
relevant provisions of this article, to serve for the remainder of
the term.
10. The
Committee shall establish its own rules of procedure.
11. The
Secretary-General of the United Nations shall provide the necessary
staff and facilities for the effective performance of the functions
of the Committee under the present Convention, and shall convene its
initial meeting.
12. With the
approval of the General Assembly, the members of the Committee
established under the present Convention shall receive emoluments
from United Nations resources on such terms and conditions as the
Assembly may decide, having regard to the importance of the
Committee’s responsibilities.
13. The members
of the Committee shall be entitled to the facilities, privileges and
immunities of experts on mission for the United Nations as laid down
in the relevant sections of the Convention on the Privileges and
Immunities of the United Nations.
Article
35
Reports by States Parties
1. Each State
Party shall submit to the Committee, through the Secretary-General of
the United Nations, a comprehensive report on measures taken to give
effect to its obligations under the present Convention and on the
progress made in that regard, within two years after the entry into
force of the present Convention for the State Party concerned.
2. Thereafter,
States Parties shall submit subsequent reports at least every four
years and further whenever the Committee so requests.
3. The Committee
shall decide any guidelines applicable to the content of the reports.
4. A State Party
which has submitted a comprehensive initial report to the Committee
need not, in its subsequent reports, repeat information previously
provided. When preparing reports to the Committee, States Parties are
invited to consider doing so in an open and transparent process and
to give due consideration to the provision set out in article 4.3 of
the present Convention.
5. Reports may
indicate factors and difficulties affecting the degree of fulfilment
of obligations under the present Convention.
Article
36
Consideration of reports
1. Each report
shall be considered by the Committee, which shall make such
suggestions and general recommendations on the report as it may
consider appropriate and shall forward these to the State Party
concerned. The State Party may respond with any information it
chooses to the Committee. The Committee may request further
information from States Parties relevant to the implementation of the
present Convention.
2. If a State
Party is significantly overdue in the submission of a report, the
Committee may notify the State Party concerned of the need to examine
the implementation of the present Convention in that State Party, on
the basis of reliable information available to the Committee, if the
relevant report is not submitted within three months following the
notification. The Committee shall invite the State Party concerned to
participate in such examination. Should the State Party respond by
submitting the relevant report, the provisions of paragraph 1 of this
article will apply.
3. The
Secretary-General of the United Nations shall make available the
reports to all States Parties.
4. States
Parties shall make their reports widely available to the public in
their own countries and facilitate access to the suggestions and
general recommendations relating to these reports.
5. The Committee
shall transmit, as it may consider appropriate, to the specialized
agencies, funds and programmes of the United Nations, and other
competent bodies, reports from States Parties in order to address a
request or indication of a need for technical advice or assistance
contained therein, along with the Committee’s observations and
recommendations, if any, on these requests or indications.
Article
37
Cooperation between States Parties and
the Committee
1. Each State
Party shall cooperate with the Committee and assist its members in
the fulfilment of their mandate.
2. In its
relationship with States Parties, the Committee shall give due
consideration to ways and means of enhancing national capacities for
the implementation of the present Convention, including through
international cooperation.
Article
38
Relationship of the Committee with
other bodies
In order to
foster the effective implementation of the present Convention and to
encourage international cooperation in the field covered by the
present Convention:
(a) The
specialized agencies and other United Nations organs shall be
entitled to be represented at the consideration of the implementation
of such provisions of the present Convention as fall within the scope
of their mandate. The Committee may invite the specialized agencies
and other competent bodies as it may consider appropriate to provide
expert advice on the implementation of the Convention in areas
falling within the scope of their respective mandates. The Committee
may invite specialized agencies and other United Nations organs to
submit reports on the implementation of the Convention in areas
falling within the scope of their activities;
(b) The
Committee, as it discharges its mandate, shall consult, as
appropriate, other relevant bodies instituted by international human
rights treaties, with a view to ensuring the consistency of their
respective reporting guidelines, suggestions and general
recommendations, and avoiding duplication and overlap in the
performance of their functions.
Article
39
Report of the Committee
The Committee
shall report every two years to the General Assembly and to the
Economic and Social Council on its activities, and may make
suggestions and general recommendations based on the examination of
reports and information received from the States Parties. Such
suggestions and general recommendations shall be included in the
report of the Committee together with comments, if any, from States
Parties.
Article
40
Conference of States Parties
1. The States
Parties shall meet regularly in a Conference of States Parties in
order to consider any matter with regard to the implementation of the
present Convention.
2. No later than
six months after the entry into force of the present Convention, the
Conference of the States Parties shall be convened by the
Secretary-General of the United Nations. The subsequent meetings
shall be convened by the Secretary-General of the United Nations
biennially or upon the decision of the Conference of States Parties.
Article
41
Depositary
The
Secretary-General of the United Nations shall be the depositary of
the present Convention.
Article
42
Signature
The present
Convention shall be open for signature by all States and by regional
integration organizations at United Nations Headquarters in New York
as of 30 March 2007.
Article
43
Consent to be bound
The present
Convention shall be subject to ratification by signatory States and
to formal confirmation by signatory regional integration
organizations. It shall be open for accession by any State or
regional integration organization which has not signed the
Convention.
Article
44
Regional integration organizations
1. “Regional
integration organization” shall mean an organization constituted by
sovereign States of a given region, to which its member States have
transferred competence in respect of matters governed by this
Convention. Such organizations shall declare, in their instruments of
formal confirmation or accession, the extent of their competence with
respect to matters governed by this Convention. Subsequently, they
shall inform the depositary of any substantial modification in the
extent of their competence.
2. References to
“States Parties” in the present Convention shall apply to such
organizations within the limits of their competence.
3. For the
purposes of article 45, paragraph 1, and article 47, paragraphs 2 and
3, any instrument deposited by a regional integration organization
shall not be counted.
4. Regional
integration organizations, in matters within their competence, may
exercise their right to vote in the Conference of States Parties,
with a number of votes equal to the number of their member States
that are Parties to 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. The present
Convention shall enter into force on the thirtieth day after the
deposit of the twentieth instrument of ratification or accession.
2. For each
State or regional integration organization ratifying, formally
confirming or acceding to the Convention after the deposit of the
twentieth such instrument, the Convention shall enter into force on
the thirtieth day after the deposit of its own such instrument.
Article
46
Reservations
1. Reservations
incompatible with the object and purpose of the present Convention
shall not be permitted.
2. Reservations
may be withdrawn at any time.
Article
47
Amendments
1. Any State
Party may propose an amendment to the present Convention and submit
it to the Secretary-General of the United Nations. The
Secretary-General shall communicate any proposed amendments to States
Parties, with a request to be notified whether they favour a
conference of States Parties for the purpose of considering and
deciding upon the proposals. In the event that, within four months
from the date of such communication, at least one third of the States
Parties favour such a conference, the Secretary-General shall convene
the conference under the auspices of the United Nations. Any
amendment adopted by a majority of two thirds of the States Parties
present and voting shall be submitted by the Secretary-General to the
General Assembly for approval and thereafter to all States Parties
for acceptance.
2. An amendment
adopted and approved in accordance with paragraph 1 of this article
shall enter into force on the thirtieth day after the number of
instruments of acceptance deposited reaches two thirds of the number
of States Parties at the date of adoption of the amendment.
Thereafter, the amendment shall enter into force for any State Party
on the thirtieth day following the deposit of its own instrument of
acceptance. An amendment shall be binding only on those States
Parties which have accepted it.
3. If so decided
by the Conference of States Parties by consensus, an amendment
adopted and approved in accordance with paragraph 1 of this article
which relates exclusively to articles 34, 38, 39 and 40 shall enter
into force for all States Parties on the thirtieth day after the
number of instruments of acceptance deposited reaches two thirds of
the number of States Parties at the date of adoption of the
amendment.
Article
48
Denunciation
A State Party
may denounce the present Convention by written notification to the
Secretary-General of the United Nations. The denunciation shall
become effective one year after the date of receipt of the
notification by the Secretary-General.
Article
49
Accessible format
The text of the
present Convention shall be made available in accessible formats.
Article
50
Authentic texts
The Arabic,
Chinese, English, French, Russian and Spanish texts of the present
Convention shall be equally authentic.
In witness thereof the
undersigned plenipotentiaries, being duly authorized thereto by their
respective Governments, have signed the present Convention.
Optional Protocol to
the Convention on the Rights of Persons with Disabilities
The States
Parties to the present Protocol have agreed as follows:
Article
1
1. A State Party
to the present Protocol (“State Party”) recognizes the competence
of the Committee on the Rights of Persons with Disabilities (“the
Committee”) to receive and consider communications from or on
behalf of individuals or groups of individuals subject to its
jurisdiction who claim to be victims of a violation by that State
Party of the provisions of the Convention.
2. No
communication shall be received by the Committee if it concerns a
State Party to the Convention that is not a party to the present
Protocol.
Article
2
The Committee
shall consider a communication inadmissible when:
(a) The
communication is anonymous;
(b) The
communication constitutes an abuse of the right of submission of such
communications or is incompatible with the provisions of the
Convention;
(c) The same
matter has already been examined by the Committee or has been or is
being examined under another procedure of international investigation
or settlement;
(d) All available domestic remedies have not
been exhausted. This shall not be the rule where the application of
the remedies is unreasonably prolonged or unlikely to bring effective
relief;
(e) It is manifestly ill-founded or not sufficiently
substantiated; or when
(f) The facts that are the subject of
the communication occurred prior to the entry into force of the
present Protocol for the State Party concerned unless those facts
continued after that date.
Article
3
Subject to the
provisions of article 2 of the present Protocol, the Committee shall
bring any communications submitted to it confidentially to the
attention of the State Party. Within six months, the receiving State
shall submit to the Committee written explanations or statements
clarifying the matter and the remedy, if any, that may have been
taken by that State.
Article
4
1. At any time
after the receipt of a communication and before a determination on
the merits has been reached, the Committee may transmit to the State
Party concerned for its urgent consideration a request that the State
Party take such interim measures as may be necessary to avoid
possible irreparable damage to the victim or victims of the alleged
violation.
2. Where the
Committee exercises its discretion under paragraph 1 of this article,
this does not imply a determination on admissibility or on the merits
of the communication.
Article
5
The Committee
shall hold closed meetings when examining communications under the
present Protocol. After examining a communication, the Committee
shall forward its suggestions and recommendations, if any, to the
State Party concerned and to the petitioner.
Article
6
1. If the
Committee receives reliable information indicating grave or
systematic violations by a State Party of rights set forth in the
Convention, the Committee shall invite that State Party to cooperate
in the examination of the information and to this end submit
observations with regard to the information concerned.
2. Taking into
account any observations that may have been submitted by the State
Party concerned as well as any other reliable information available
to it, the Committee may designate one or more of its members to
conduct an inquiry and to report urgently to the Committee. Where
warranted and with the consent of the State Party, the inquiry may
include a visit to its territory.
3. After
examining the findings of such an inquiry, the Committee shall
transmit these findings to the State Party concerned together with
any comments and recommendations.
4. The State
Party concerned shall, within six months of receiving the findings,
comments and recommendations transmitted by the Committee, submit its
observations to the Committee.
5. Such an
inquiry shall be conducted confidentially and the cooperation of the
State Party shall be sought at all stages of the proceedings.
Article
7
1. The Committee
may invite the State Party concerned to include in its report under
article 35 of the Convention details of any measures taken in
response to an inquiry conducted under article 6 of the present
Protocol.
2. The Committee
may, if necessary, after the end of the period of six months referred
to in article 6.4, invite the State Party concerned to inform it of
the measures taken in response to such an inquiry.
Article
8
Each State Party
may, at the time of signature or ratification of the present Protocol
or accession thereto, declare that it does not recognize the
competence of the Committee provided for in articles 6 and 7.
Article
9
The
Secretary-General of the United Nations shall be the depositary of
the present Protocol.
Article
10
The present
Protocol shall be open for signature by signatory States and regional
integration organizations of the Convention at United Nations
Headquarters in New York as of 30 March 2007.
Article
11
The present
Protocol shall be subject to ratification by signatory States of this
Protocol which have ratified or acceded to the Convention. It shall
be subject to formal confirmation by signatory regional integration
organizations of this Protocol which have formally confirmed or
acceded to the Convention. It shall be open for accession by any
State or regional integration organization which has ratified,
formally confirmed or acceded to the Convention and which has not
signed the Protocol.
Article
12
1. “Regional
integration organization” shall mean an organization constituted by
sovereign States of a given region, to which its member States have
transferred competence in respect of matters governed by the
Convention and this Protocol. Such organizations shall declare, in
their instruments of formal confirmation or accession, the extent of
their competence with respect to matters governed by the Convention
and this Protocol. Subsequently, they shall inform the depositary of
any substantial modification in the extent of their competence.
2. References to
“States Parties” in the present Protocol shall apply to such
organizations within the limits of their competence.
3. For the
purposes of article 13, paragraph 1, and article 15, paragraph 2, any
instrument deposited by a regional integration organization shall not
be counted.
4. Regional
integration organizations, in matters within their competence, may
exercise their right to vote in the meeting of States Parties, with a
number of votes equal to the number of their member States that are
Parties to this Protocol. Such an organization shall not exercise its
right to vote if any of its member States exercises its right, and
vice versa.
Article
13
1. Subject to
the entry into force of the Convention, the present Protocol shall
enter into force on the thirtieth day after the deposit of the tenth
instrument of ratification or accession.
2. For each
State or regional integration organization ratifying, formally
confirming or acceding to the Protocol after the deposit of the tenth
such instrument, the Protocol shall enter into force on the thirtieth
day after the deposit of its own such instrument.
Article
14
1. Reservations
incompatible with the object and purpose of the present Protocol
shall not be permitted.
2. Reservations
may be withdrawn at any time.
Article
15
1. Any State
Party may propose an amendment to the present Protocol and submit it
to the Secretary-General of the United Nations. The Secretary-General
shall communicate any proposed amendments to States Parties, with a
request to be notified whether they favour a meeting of States
Parties for the purpose of considering and deciding upon the
proposals. In the event that, within four months from the date of
such communication, at least one third of the States Parties favour
such a meeting, the Secretary-General shall convene the meeting under
the auspices of the United Nations. Any amendment adopted by a
majority of two thirds of the States Parties present and voting shall
be submitted by the Secretary-General to the General Assembly for
approval and thereafter to all States Parties for acceptance.
2. An amendment
adopted and approved in accordance with paragraph 1 of this article
shall enter into force on the thirtieth day after the number of
instruments of acceptance deposited reaches two thirds of the number
of States Parties at the date of adoption of the amendment.
Thereafter, the amendment shall enter into force for any State Party
on the thirtieth day following the deposit of its own instrument of
acceptance. An amendment shall be binding only on those States
Parties which have accepted it.
Article
16
A State Party
may denounce the present Protocol by written notification to the
Secretary-General of the United Nations. The denunciation shall
become effective one year after the date of receipt of the
notification by the Secretary-General.
Article
17
The text of the
present Protocol shall be made available in accessible formats.
Article
18
The Arabic,
Chinese, English, French, Russian and Spanish texts of the present
Protocol shall be equally authentic.
In witness thereof the
undersigned plenipotentiaries, being duly authorized thereto by their
respective Governments, have signed the present Protocol.