Implementation of the Convention on the Rights of Persons with Disabilities. Frequently Asked Questions about the Convention on the Rights of Persons with Disabilities. Access to justice

Moscow Academy of Economics and Law

Law Institute

Course work

By discipline: "International Law"

On the topic of:

"United Nations Convention on the Rights of Persons with Disabilities 2006"

Completed by: 3rd year student

Groups yubsh-1-11grzg

Lukyanenko V.A.

Checked by: Batyr V.A.

Moscow 2013

Introduction

1. Understanding disability as a human rights issue

Principles of the Convention

Convention on the Rights of Persons with Disabilities

The current situation of a "person with disabilities" abroad

Russia ratified the UN Convention on the Rights of Persons with Disabilities

6. The current situation of "a person with disabilities" in Russia

Conclusion

Introduction

Disability is one of the components of human existence. Nearly everyone will experience temporary or permanent impairments in their lifetime, and those who survive to an older age may experience great difficulty in functioning. Disability is not only a problem of the individual, but also of the state and society as a whole. This category of citizens is in dire need not only of social protection, but also of understanding of their problems by the surrounding people, which will be expressed not in elementary pity, but in human sympathy and equal treatment of them as fellow citizens.

The “Convention on the Rights of Persons with Disabilities” (CRPD), adopted by the United Nations in 2006, is “to promote, protect and ensure the full and equal enjoyment by all persons with disabilities of all human rights and fundamental freedoms, and to promote respect for their inherent dignity.” The Convention reflects a major shift in the global understanding of and response to disability.

1. Understanding disability as a human rights issue

It is estimated that over 650 million people (10% of the world's population) have disabilities. 80% live in developing countries. The vast majority of them face problems of discrimination, exclusion, exclusion and even abuse. Many people with disabilities live in extreme poverty, are institutionalized, have no educational or employment opportunities, and face a range of other factors of marginalization. The entry into force of the Convention on the Rights of Persons with Disabilities and its Optional Protocol in May 2008 marks the beginning of a new era to promote, protect and ensure the full and equal enjoyment by all persons with disabilities of all human rights and fundamental freedoms, and to promote respect for their inherent dignity (Article 1). The development of this Convention reflects a fundamental shift that has taken place in the approach to disability and to people with disabilities.

Attention is no longer focused on what is wrong with a person. Instead, disability is recognized as a consequence of an individual's interaction with an environment that fails to accommodate the individual's characteristics and limits or blocks the individual's participation in society. This approach is called the social model of disability. The Convention on the Rights of Persons with Disabilities supports and advances this model by explicitly recognizing disability as a human rights issue.

For example, instead of asking: What is wrong with disabled people?

The question to be asked is: What is wrong with society? What social, economic, political and/or environmental conditions need to be changed to facilitate the full enjoyment of all rights by all persons with disabilities? For example, instead of asking: Do you find it difficult to understand people because you are deaf? The question to be asked is: Do you find it difficult to understand people because they are unable to communicate with you? From this perspective, it is necessary to ensure that the social, legal, economic, political and environmental conditions that create barriers to the full enjoyment of the rights of all persons with disabilities need to be identified and overcome. Viewing the issue of disability through the lens of human rights implies an evolution in the thinking and behavior of states and all sectors of society.

A rights-based approach seeks to find opportunities to respect, support and honor the diversity of people by creating an environment that allows for the meaningful participation of a wide range of people, including persons with disabilities. The protection and promotion of their rights is not limited to the provision of special services related to disability. They consist of taking action to change attitudes and behaviors associated with the stigmatization and marginalization of persons with disabilities. They also include the adoption of policies, laws and programs that remove barriers and guarantee the enjoyment of civil, cultural, economic, political and social rights by persons with disabilities. To truly exercise rights, policies, laws and programs that restrict rights must be replaced. Programs, awareness-raising activities and social support are needed to change the established order in society and dismantle barriers that prevent the full participation of persons with disabilities in society. In addition, persons with disabilities must be provided with opportunities for full participation in society and adequate means to enable them to claim their rights.

The Convention on the Rights of Persons with Disabilities marks the end of a long struggle by persons with disabilities and their representative organizations for the full recognition of disability as a human rights issue, which began as early as 1981 with the International Year of Persons with Disabilities. Adoption in 1993 by the United Nations General Assembly of the Standard Rules for the Equalization of Opportunities for Persons with Disabilities. Other important milestones were general recommendation No. 18 (1991) on women with disabilities, adopted by the Committee on the Elimination of Discrimination against Women. General comment No. 5 (1994) on persons with any form of disability, adopted by the Committee on Economic, Social and Cultural Rights, and the adoption of regional instruments such as the Inter-American Convention on the Elimination of All Forms of Discrimination on the Basis of Disability (1999) .

2. Principles of the Convention

Article 3 of the Convention defines a set of fundamental and fundamental principles. They provide guidance for the interpretation and implementation of the entire Convention, covering all issues. They are the starting point for understanding and interpreting the rights of persons with disabilities.

What do these principles mean? Inherent human dignity means the worth of every human person. When the dignity of persons with disabilities is respected, their experiences and opinions are valued and formed without fear of physical, psychological or emotional harm. There is no respect for human dignity when, for example, an employer forces blind workers to wear overalls that say blind on the back. Personal autonomy means being able to control your own life and have the freedom to make your own choices. Respect for the personal autonomy of persons with disabilities means that persons with disabilities, on an equal basis with others, have the opportunity to make reasonable choices in their lives, are subject to minimal interference in their privacy and can make their own decisions with appropriate support where it is needed. This principle runs like a red thread throughout the Convention and is the basis for many of the freedoms that it explicitly recognizes.

The principle of non-discrimination means that all rights are guaranteed to everyone, without distinction, exclusion or limitation of any kind on the basis of disability or on grounds of race, colour, sex, language, religion, political or other opinion, national or social origin. , property status, birth, age or any other circumstance. Reasonable accommodation means making, where necessary in a particular case, necessary and appropriate modifications and adjustments, without imposing a disproportionate or undue burden, in order to ensure to persons with disabilities the enjoyment or enjoyment, on an equal basis with others, of all human rights and fundamental freedoms (art. 2).

Equality means creating conditions in society to respect differences, eliminate disadvantages and ensure that all women, men and children participate fully in society on equal terms. Full inclusion in society means that persons with disabilities are recognized and valued as equal members. Their needs are understood as an integral part of the socio-economic order, and not seen as special .

To ensure full inclusion, an accessible, barrier-free physical and social environment is essential. For example, full and effective inclusion and inclusion in society means that persons with disabilities are not excluded from political electoral processes by ensuring, for example, that polling stations are accessible and that election procedures and materials are available in a variety of formats and are easy to understand and understand. use.

Related to the concept of inclusion and inclusion in society is the concept of universal design, which is defined in the Convention as the design of objects, environments, programs and services to make them as usable as possible for all people without the need for adaptation or special design (Article 2).

Despite some visible or obvious differences, all human beings have the same rights and dignity. The Convention aims to prevent not disability (which is a medical approach), but discrimination based on disability.

3. Convention on the Rights of Persons with Disabilities

The Convention on the Rights of Persons with Disabilities is a broad human rights treaty covering the entire spectrum of civil, cultural, economic, political and social rights. The Convention does not establish new rights for persons with disabilities; instead, it reveals what existing human rights mean for persons with disabilities and clarifies the obligations of participating States to protect and promote these rights in order to create an enabling environment for the realization of the rights of persons with disabilities. The Convention also includes articles relating to educational work, accessibility, situations of risk and humanitarian emergencies, access to justice, individual mobility, habilitation and rehabilitation, as well as statistics and data collection on the implementation of the recommendations contained in the study on the human rights of persons with disabilities”

With regard to economic, social and cultural rights, the Convention on the Rights of Persons with Disabilities reaffirms the obligation of States to progressively ensure their realization, as already recognized in article 2 of the International Covenant on Economic, Social and Cultural Rights. It is important that the Convention recognizes the fact that in order to achieve equality of persons with disabilities, it is necessary to achieve shifts in public consciousness and possibly the full inclusion (“inclusion”) of people with disabilities in public life. Article 25 of the Convention recognizes the right of persons with disabilities to the highest attainable standard of health, without discrimination on the basis of disability. Article 9 - the need to identify and eliminate barriers that hinder the availability of information and communication services. Including, providing consumers with reliable information about goods, works, services.

Article 30 of the Convention provides that States Parties shall take all appropriate measures to ensure that persons with disabilities have access to venues for cultural events or services, such as theatres, museums, cinemas, libraries and tourism services, and to the greatest extent possible access to monuments and objects of national cultural significance.

Many countries have taken important steps to remove or reduce barriers to full participation. In many cases, legislation has been introduced to guarantee persons with disabilities the right and opportunity for schooling, employment and access to public facilities, removing cultural and physical barriers, and prohibiting discrimination against persons with disabilities. There is a tendency not to institutionalize persons with disabilities, but to allow them to live in the community.

In some developed and developing countries in the field of schooling, more and more attention is paid to "open education" and, accordingly, less to special institutions and schools. Means have been found to enable persons with disabilities to access public transport systems, and for persons with sensory disabilities to access information. There has been increased awareness of the need for such measures. Advocacy campaigns are being conducted in many countries to raise public awareness and change attitudes towards and treatment of persons with disabilities.

4. The current situation of a "person with disabilities" abroad

Britannia

There are over 10 million in Britain today, about a sixth of the country's population. Annually, disability benefits are paid here in the amount of about 19 billion pounds - about 900 billion rubles. British disabled people are provided with discounts on medicines, dentistry, wheelchairs, hearing aids, and, if necessary, free care. Car parking for the disabled is free. As for the houses for the disabled, they are partly supported by the budget of the local municipality, and the rest is paid by the disabled person himself with his pension, which is paid towards his maintenance.

The law obliges the drivers of all buses to help the disabled when entering and exiting. Disabled people are entitled to free travel outside peak hours. In Britain, wheelchairs and special wall-mounted lifts are constantly being upgraded to allow wheelchairs to move from floor to floor in old houses with narrow steep stairs. The development of technology is carried out here by true luminaries of transport engineering. Mike Spindle created the brand new Trekinetic K2 wheelchair a few years ago. The SUV seat folds in just eight seconds. Requests for the production of a miracle chair go to the English county from all over the world.

"Advanced" in Britain, even toilets for the disabled, equipped with a mass of special devices that help people with limited mobility. Such toilet rooms are available in every more or less large supermarket, in all public places and even in service offices. And this is not surprising: approximately 19 percent of all working Britons have a disability. Until the mid-90s, discrimination in hiring a disabled person was actually legal in Britain. However, in 1995, an amendment to this law was adopted, which made it difficult for an employer to refuse a disabled applicant. The most remarkable and remarkable thing is that a disabled person is not considered by British society as "orphan and wretched". He is involved in every way in all aspects of life, encouraging him to overcome the barriers that nature, illness or accident has placed in front of him.

Austria

The Austrians have developed dozens of targeted programs. And they all work. They are sympathetic to the problems of people with disabilities. In 2006, the country adopted a comprehensive package of legislative measures providing for the maximum removal of barriers for persons with disabilities in Everyday life and in the workplace. Targeted programs have been developed to help people with disabilities. They are focused both on the people suffering from various diseases, and on employers. The programs are funded by the European Social Fund, the Federal Office for Social Affairs, and the State Labor Market Service.

Handicraft and cultural centers are spread throughout the country, where free consultations are open for people with disabilities. Their main task is to assist in finding employment. In 2008, Austria ratified the UN Convention on the Rights of Persons with Disabilities. A special committee has been set up at the federal level to control the implementation of the provisions of this international document. This structure regularly informs interested organizations about the results of its work and holds open hearings.

Israel

Life at the Dead Sea

In Israel, there are several active public organizations at the municipal and state levels uniting disabled people. They have considerable influence both in the Knesset and in city and town councils.

According to Israeli law, "disabled people must be provided with opportunities for movement, recreation and work that are minimally restrictive." In other words, the state is obliged to promote the creation of conditions for disabled people for treatment, leisure activities and feasible work. It is in order to stimulate labor activity that the state converts cars for the disabled and sells them for a quarter of the cost with an installment plan of 15 years. In some cases, cars are issued free of charge. Every disabled person in the county offices of the Department of Transportation receives a computerized "disabled badge". Depending on the degree of disability, a green or blue "badge" may be issued. Note that here the medical commissions do not establish a "disability group", but its degree. All "wheelchair users" receive a degree of at least 90%. They are given blue "signs" that allow them to park even on sidewalks. The same "signs" are received by the blind. If a blind disabled person with such a blue “sign” is driven by a taxi driver, relative or acquaintance, then the driver of this car has the same rights as a wheelchair user.

All persons with disabilities are entitled to free double wheelchairs with a small trunk, which can be used to enter a large store or market. Such strollers fit into the cabins of freight elevators. Everywhere there are toilet cabins designed specifically for people with problems of the locomotor apparatus.

Armed with the law

Americans have learned to make money on their ailments

Washington

With the signing of the Americans with Disabilities Act by US President George W. Bush in 1990, people with disabilities in America were guaranteed broad rights. Particular emphasis in the law, which entered into force in 1992, was placed on issues of employment and equality in the use of public transport, the receipt of state and municipal services, as well as the protection of persons with disabilities from all kinds of discrimination.

There are over 51 million people in the United States today who have some form of disability. Of this number, 32.5 million, or 12 per cent of the country's total population, are considered disabled. However, in America, the authorities are doing everything so that such a large "army" of disabled people is not excluded from normal life. Moreover, some observers consider the attitude shown in the US by the state towards members of the American society with special needs, the best in the world.

So, for people with disabilities, the Department of Disability Policy of the US Department of Labor has created and successfully operates a specialized Internet portal, with which you can quickly find out answers to the most pressing questions, both for the disabled themselves and their relatives. Among the amenities that Americans with disabilities use every day are special free parking lots directly opposite the entrance to shops and shopping centers, as well as to various public and private institutions. Shameless violators and those who like to stand in the places reserved for the disabled are ruthlessly fined in the amount of up to $ 500.

Some Americans with disabilities are actively suing anyone who violates them. legal rights making good money doing it. Last year alone, more than 3,000 lawsuits were filed in the United States against owners of shops, cafes, restaurants and other establishments that are not equipped with the necessary devices for people with special needs.

France

The French take care of wheelchair users at the highest level.

Let's start with the fact that the University of Grenoble was at one time converted in such a way that wheelchair users could not only move freely around it, but also take spacious elevators to any floor, use the library, the dining room. They have separate toilets, where their physical handicap is taken into account.

In the city itself, thanks to the efforts of the municipal authorities, work has long been carried out to adapt to the needs of the disabled. Take at least public transport. All buses and trams have doors with a low threshold, on the same level as the platform. Drivers, if necessary, can also use the automatically retractable "bridge", through which it is more convenient for the wheelchair to enter the passenger compartment of a bus or tram. The airport and railway station are equipped with lifts for the disabled. They are ready to come to the aid and local employees. To do this, it is enough to call at least half an hour before arrival. The service is free. In Grenoble, 64 percent of the streets and squares are fully wheelchair accessible. Every year, 15 to 20 local stores receive a subsidy of 3,000-4,000 thousand euros from the city treasury so that their outlets can host disabled people. Moreover, now there, together with the national Agenfiph, an association specifically dedicated to the employment of handicapped people, is implementing a new project, Innovaxes, which aims to have 70 percent of businesses in three city blocks converted to meet the needs of people with disabilities.

In France, there are about five million people with some serious physical problem. Of these, over two million - with "limited mobility". The state, which is called upon to provide these Frenchmen with equal chances along with other citizens, takes care of them. Every disabled person has the right to a pension, and its ceiling depends on the degree of disability. The amount of compensation is reviewed every year and now reaches 759 euros per month. This is not to mention the provision of technical means, for example, the same wheelchairs. Disabled people enjoy tax breaks and other discounts - for transport, telephone.

In France, there is a law adopted in 2005, which obliges to build all new buildings in accordance with the "disabled" standards, and to modernize existing buildings. Otherwise, as early as 2015, violators will also be punished with penalties.

The Convention on the Rights of Persons with Disabilities was approved by the UN General Assembly on December 13, 2006 and entered into force on May 3, 2008 after 50 states have ratified it.

Russian President Dmitry Medvedev submitted the Convention on the Rights of Persons with Disabilities to the State Duma for ratification, and on April 27, 2012, the Convention was ratified by the Federation Council.

May 2012 it was signed by Dmitry Medvedev.

UN Convention on the Rights of Persons with Disabilities, December 13, 2006<#"justify">human rights disability convention

6. The current situation of "People with disabilities" in Russia

Russia in Article 7 of the Constitution Russian Federation 1993 was proclaimed a social state, whose policy is aimed at creating conditions that ensure a decent life and free development person. welfare state acts as a guarantor and defender of the interests of the rights and freedoms not of one social group or several groups of the population, but of all members of society. The world community about social character The state also judges by its attitude towards the disabled.

The state policy in relation to disabled people should be aimed at providing them with equal opportunities with other citizens in exercising economic, social, cultural, personal and political rights provided for by the Constitution of the Russian Federation, and eliminating restrictions on their life activities in order to restore the social status of disabled people, to achieve their material independence. . At the same time, there is no legal consolidation of the principle of equal rights for disabled and non-disabled people, prohibition of discrimination against a person due to disability in the Russian Federation, which in reality makes it difficult for disabled people to exercise a number of rights established for them by law.

For example, the majority of disabled people due to conditions not created by the state for movement in public transport, entry into and exit from residential and educational buildings wheelchairs. Absences special programs training, not equipping educational places, despite the fact that the right to education is guaranteed by the Constitution of the Russian Federation and the Law of the Russian Federation "On Education", they cannot be trained on an equal footing with healthy citizens in institutions general education.In Russia, the rights of persons with disabilities are reflected in the federal law "On the Social Protection of Persons with Disabilities in the Russian Federation". Social protection of persons with disabilities includes a system of state-guaranteed economic, social and legal measures that provide conditions for persons with disabilities to overcome, protect (compensate) life restrictions and are aimed at creating equal opportunities for them to participate in the life of society with other citizens. But in reality, Russia has not yet created a comprehensive mechanism for ensuring the rights and interests of people with disabilities that meets international standards. Persons with disabilities still lack opportunities to defend their rights. They face great difficulties in getting a job. Most often, people with disabilities work in low-paid jobs. Once a year, on December 3, on the International Day of Persons with Disabilities, the Russian authorities remember those who live in Rus' especially badly. These people have been punished twice - by fate, which undermined their health, and by the country, which does little to create conditions for a full-fledged existence for them.

In Russia, they have a bad attitude towards political correctness, considering it a purely Western invention. That is why the politically correct wording “people with disabilities” has not taken root in our country. We prefer to directly name about 13.02 million of our compatriots (9.1% of the country's population) as disabled. And this part of the population as a whole lives worse than the rest of their compatriots. Therefore, the “festive”, prepared for the International Day of Persons with Disabilities, established by the UN exactly 20 years ago, the statistics of the Ministry of Labor and Social Protection of Russia looks very non-holiday.

Of the 3.39 million people with disabilities who are of working age, only 816.2 thousand people work, and the number of non-working people with disabilities is 2.6 million people - almost 80%.

Unfortunately, every year there are more and more people with disabilities in the country. Their number is growing by about 1 million a year. It is predicted that by 2015 their number may exceed 15 million.

Along with the adoption of state laws designed to protect the rights of disabled people to work in their specialty, the Ministry of Health is trying in every possible way to limit their number, mainly by tightening the requirements for medical commissions and improving accounting.

Is this policy correct? In Europe, for example, there are much more "official" disabled people - government agencies are not afraid to register them. In our country, every tenth person recognized by the medical commission as healthy requires a review of the decision.

According to the ministry, about 85,000 disabled people are employed every year with the assistance of the employment service. This is about a third of the number of able-bodied disabled people who applied for help from the employment service. And if compared with the total number of non-working disabled people, it will take more than 30 years to solve the problem of unemployment among this category of citizens (if their number does not change).

Mandatory quotas for the employment of disabled people do not help either. Until now, there was a rule in Russia according to which large enterprises employing more than 100 people are obliged to employ disabled people. For these organizations, a quota was set - from 2 to 4% of the number of employees. In July of this year, amendments were made to the law on social protection of the disabled. According to this document, now citizens with disabilities should also be employed by small and medium-sized companies - from 35 to 100 people. The quota for them varies - up to 3%. It is the responsibility of the local authorities to enforce the law. So that the quality of their work does not differ, and a new Order was adopted. Regional authorities should check organizations for compliance with the requirements of the law on the employment of persons with disabilities. Schedule scheduled inspections approved annually and communicated to enterprises. The basis for an unscheduled inspection may be a complaint from a citizen who was illegally denied employment. If violations are detected, the inspectors give the company no more than 2 months to eliminate them. Otherwise, you will have to pay a fine - from 5 to 10 thousand rubles.

However, it is more profitable for employers to pay negligible fines for refusing to hire disabled people or provide employment authorities with information about vacancies.

Although at a recent meeting on the employment of the disabled, Prime Minister Dmitry Medvedev announced the need to create more than 14,000 jobs for this category of citizens over the next three years, there are no guarantees that this will be done.

Moreover, the disabled are often slipped vacancies that are clearly not suitable for them: there are cases when armless or suffering from multiple sclerosis are offered, for example, to become seamstresses.

In Russia, there are still huge problems with medicines for the disabled, with ramps in residential buildings, which is why the vast majority of disabled people become “restricted” from their apartments. The country still has a large shortage of high-quality prostheses, wheelchairs and spare parts for them, while Russia itself has an extremely backward industry in this area. It is impossible to live on penny allowances for disability or for the care of a disabled child even in the poorest Russian regions. The size of the pension for the III disability group in 2013 is 3138.51 rubles per month. The amount of pension for disability group II in 2013 is 3692.35 rubles per month. The amount of the pension for disabled people of group I and disabled since childhood of group II in 2013 is 7384.7 rubles per month. The size of the disability pension for children with disabilities and people with disabilities from childhood of group I in 2013 is 8861.54 rubles per month.

Essentially, apart from international day disabled officials remember this category of citizens only in connection with the Paralympic Games, traditionally held in tandem with the usual summer or winter Olympics. In this sense, Sochi, due to the need to host the 2014 Winter Paralympics, should become an ideal city for Russia in terms of creating a barrier-free environment for the disabled. But in every Russian city, not to mention countryside You can't host the Olympics. The country has an extremely dilapidated housing stock: in some regions, especially on Far East, its deterioration reaches 80%. It is even technologically difficult to equip old houses with modern ramps for wheelchairs.

The general infrastructural backwardness of Russia (in terms of the level of infrastructure the country clearly does not correspond to the status of a country with the world's sixth absolute GDP) hits the disabled especially hard.

In general, the opportunities for absolutely healthy people in Russia are severely limited by economic disproportions, poverty, and corruption. And the opportunities for disabled people are even more limited, because in addition to all these political, social, technological obstacles, they still have to overcome their illness and the horrific state of domestic medicine, which no reforms can yet raise to a decent level. The situation of persons with disabilities in modern world- one of the surest indicators of the general level of civilization of the country. Russia in this respect remains almost a barbarian state.

Conclusion

All people are different and each person is unique and priceless for society. Attitude towards a disabled person largely depends on how often he appears in public places.

Today the word "disabled" is still associated with the definition of "sick". Most people have an idea of ​​the disabled as hospital patients who require constant care and any movement is contraindicated. Creating an accessible environment for them will help to change this perception of people with disabilities in society. Disabled people should live and work among healthy people, enjoy all the benefits on an equal basis with them, feel like full-fledged members of society.

Among the disabled there are many creatively gifted individuals, many people who want to work actively. This would not only give them the opportunity to provide their own content, but also to make a feasible contribution to the development of society. However, we know almost nothing about these people. Often, most of us are not even aware of their existence, let alone the level of this existence.

Creating optimal conditions for education, training, successful correction of disorders, psychological and pedagogical rehabilitation, social and labor adaptation and integration of these people into society is one of the most important tasks. The presence of a disability is not an obstacle to feasible labor activity, but the reluctance of employers to hire disabled people, the limited number of vacancies lead to the fact that for most of them pensionis the only source of existence.

Like everything in our life, under the influence of various factors, public consciousness undergoes a change. However, in relation to the disabled, it, unfortunately, is changing too slowly. As before in Russia, society treats this problem as a secondary one, which has not yet reached the hands. But by postponing the solution of the problem of disabled people, we are postponing the creation of a legal civilized society and state.

The Convention on the Rights of Persons with Disabilities and the Optional Protocol entered into force on 3 May 2008. Signed the Convention and Russia. However, many people with disabilities have little idea of ​​its purpose. Let's try, at least on the eve of the Day of Persons with Disabilities, to briefly consider the main provisions of the Convention on the Rights of Persons with Disabilities.

Guidelines of the Convention

There are eight guiding principles that underlie the Convention and each of its specific articles:

a. Respect for the inherent dignity of the human person, personal autonomy, including the freedom to make one's own choices, and the independence of individuals

b. Non-discrimination

c. Full and effective integration into society

d. Respect for differences and acceptance of persons with disabilities as part of human diversity and humanity

e. Equality of Opportunity

f. Availability

g. Equality between men and women

h. Respect for the evolving capacities of children with disabilities and respect for the right of children with disabilities to maintain their identity

"What is the purpose of the convention?" Don McKay, chairman of the committee that negotiated its adoption, said that its main task is to develop in detail the rights of persons with disabilities and work out ways to implement them.

Countries that have acceded to the Convention must themselves develop and implement policies, laws and administrative measures to ensure the rights enshrined in the Convention and the abolition of laws, regulations, practices that are discriminatory (Article 4).

Changing the perception of the very concept of disability has importance to improve the situation of persons with disabilities, the ratification of the Convention by countries in order to combat stereotypes and prejudices, and to raise awareness of the possibilities of people with disabilities (Article 8).

Countries must ensure that persons with disabilities enjoy their inalienable right to life on an equal basis with others (Article 10), as well as the equal rights and advancement of women and girls with disabilities (Article 6) and the protection of children with disabilities (Article 7) .

Children with disabilities should have equal rights, should not be separated from their parents against their will, except when the social welfare authorities determine that it is in the best interests of the child, and in no case should be separated from their parents, on on the basis of the disability of the child or parents (Article 23).

Countries must recognize that all people are equal before the law in order to prohibit discrimination on the basis of disability and guarantee equal legal protection (Article 5).

Countries must ensure equal rights to own and inherit property, control financial affairs and have equal access to bank loans and mortgages (Article 12). Equality consists in ensuring access to justice on an equal basis with others (Article 13), persons with disabilities have the right to freedom and security, and not be deprived of their liberty unlawfully or arbitrarily (Article 14).

Countries must protect the physical and mental integrity of persons with disabilities as they do for everyone else (Article 17), guarantee freedom from torture and cruel, inhuman or degrading treatment or punishment, and prohibit medical or scientific experimentation without the consent of the disabled person or their guardians (Article 15).

Laws and administrative measures must guarantee freedom from exploitation, violence and abuse. In the event of abuse, States must facilitate the recovery, rehabilitation and reintegration of victims and the investigation of abuse (art. 16).

Persons with disabilities may not be the object of arbitrary or unlawful interference in their personal life, family life, inviolability of the home, correspondence or communication. The confidentiality of their personal, medical and rehabilitation information must be protected in the same way as other members of the public (Article 22).

Responding to the fundamental question of accessibility of the physical environment (Article 9), the Convention requires countries to take action to identify and remove obstacles and barriers, and to ensure that persons with disabilities can access transport, public spaces and services, and information and communication technologies.

Persons with disabilities must be able to live independently, be included in public life, choose where and with whom to live, and have access to housing and services (art. 19). Personal mobility and independence must be ensured through the promotion of personal mobility, training in mobility skills and access to freedom of movement, assistive technology and assistance in domestic issues(Article 20).

Countries recognize the right to an adequate standard of living and social protection. This includes public housing, needs-related disability services and assistance, and disability-related expenses in case of poverty (Article 28).

Countries should facilitate access to information by making information available to the general public in accessible formats and technology, by promoting the use of Braille, sign language and other forms of communication, and by encouraging the media and ISPs to make online information available. available formats (Article 21).

Discrimination regarding marriage, family and personal relationships must be eliminated. Persons with disabilities should have equal opportunities for fatherhood and motherhood, marriage and the right to found a family, decide on the number of children, have access to reproductive health and family planning services, education, and enjoy equal rights and responsibilities in relation to guardianship and guardianship , guardianship and adoption of children (Article 23).

States should promote equal access to primary and secondary education, vocational training, adult education and lifelong learning. Education should be carried out using appropriate materials, methods and forms of communication. Students in need of support measures and students with blindness, deafness and deaf-muteness should be educated in the most appropriate forms of communication with teachers who are fluent in sign language and Braille. The education of persons with disabilities should facilitate their participation in society, the maintenance of their sense of dignity and self-respect and the development of their personality, abilities and creativity (art. 24).

Persons with disabilities are entitled to the highest attainable standard of health without discrimination on the basis of disability. They should receive the same range, quality and level of free or low-cost medical services provided to others, receive health care services necessary because of their disability, and not be discriminated against in the provision of health insurance (Article 25).

In order for persons with disabilities to achieve maximum independence, countries must provide comprehensive medical care and rehabilitation services in the field of health, employment and education (Article 26).

Persons with disabilities have equal rights to work and can earn their living. Countries must prohibit discrimination in employment related to the promotion of self-employment, entrepreneurship and self-employment, the employment of persons with disabilities in the public sector, promote their employment in the private sector, and ensure that they are provided at a reasonable distance from the place of work (Article 27 ).

Countries must ensure equal participation in political and public life, including the right to vote, stand for election and hold certain positions (Article 29).

Countries should promote participation in cultural life, leisure, recreation and sports by making accessible television programmes, films, theater and cultural material, making theaters, museums, cinemas and libraries accessible, and ensuring that persons with disabilities have the opportunity to develop and use their creative potential not only for their own benefit, but also for the enrichment of society (Article 30).

Countries should provide assistance developing countries in order to practical implementation Convention (Article 32).

To ensure the implementation and monitoring of the Convention, countries must appoint a government focal point and establish a national mechanism to facilitate and oversee the implementation of monitoring (Article 33).

The Committee on the Rights of Persons with Disabilities, which is composed of independent experts, will receive periodic reports from States Parties on progress made in the implementation of the Convention (arts. 34 to 39).

Article 18 of the Optional Protocol on communications allows individuals and groups of individuals to submit complaints directly to the Committee once all national appeal procedures have been exhausted.

Preamble

The States Parties to this Convention,

a) reminding about the Charter of the United Nations principles in which the dignity and worth inherent in all members of the human family, and their equal and inalienable rights, are recognized as the basis of freedom, justice and peace in the world,

b) recognizing that the United Nations proclaimed and consolidated in Universal Declaration of Human Rights and in the International Covenants on Human Rights, that everyone has all the rights and freedoms provided for therein without distinction of any kind,

c) confirming the universality, indivisibility, interdependence and interconnectedness of all human rights and fundamental freedoms, as well as the need to guarantee persons with disabilities their full enjoyment without discrimination,

d) referring on International Covenant on Economic, Social and Cultural Rights, International Covenant on Civil and Political Rights, International Convention on the Elimination of All Forms of Racial Discrimination, Convention on the Elimination of All Forms of Discrimination Against Women, Convention against Torture and Other Cruel, Inhuman or Degrading Treatment and punishment, the Convention on the Rights of the Child and the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families,

e) recognizing that disability is an evolving concept and that disability is the result of an interaction that occurs between people with disabilities and attitudinal and environmental barriers that prevents them from participating fully and effectively in society on an equal basis with others,

f) recognizing the importance that the principles and guidelines contained in World Program of Action for Persons with Disabilities and in Standard Rules for the Equalization of Opportunities for Persons with Disabilities, have in terms of influencing the promotion, formulation and evaluation of strategies, plans, programs and activities at the national, regional and international levels to further ensure equal opportunities for persons with disabilities,

g) emphasizing the importance of mainstreaming disability issues as part of relevant sustainable development strategies,

h) recognizing also that discrimination against any person on the basis of disability constitutes an attack on the dignity and worth inherent in the human person,

j) recognizing the need to promote and protect the human rights of all persons with disabilities, including those in need of more active support,

k) being preoccupied that, despite these various instruments and initiatives, persons with disabilities continue to face barriers to their participation in society as equal members and violations of their human rights in all parts of the world,

l) recognizing the importance of international cooperation to improve the living conditions of persons with disabilities in every country, especially in developing countries,

m) recognizing the valuable current and potential contribution of persons with disabilities to the overall well-being and diversity of their local communities; and the fact that promoting the full enjoyment by persons with disabilities of their human rights and fundamental freedoms, as well as the full participation of persons with disabilities, will strengthen their sense of ownership and achieve significant human, social and economic development of society and the eradication of poverty,

n) recognizing that persons with disabilities value their personal autonomy and independence, including the freedom to make their own choices,

o) counting that persons with disabilities should be able to actively participate in decision-making processes regarding policies and programmes, including those that directly concern them,

p) being preoccupied difficult conditions faced by persons with disabilities who are subject to multiple or exacerbated forms of discrimination based on race, color, 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, both at home and outside, are often at greater risk of violence, injury or abuse, neglect or neglect, mistreatment or exploitation,

r) recognizing that children with disabilities should fully enjoy all human rights and fundamental freedoms on an equal basis with other children, and recalling in this regard the commitments made by States parties to the Convention on the Rights of the Child,

s) emphasizing the need to mainstream a gender perspective in all efforts to promote the full enjoyment by persons with disabilities of human rights and fundamental freedoms,

t) emphasizing the fact that the majority of persons with disabilities live in conditions of poverty, and recognizing in this regard the urgent need to address the negative impact of poverty on persons with disabilities,

u) pay attention to that an environment of peace and security based on full respect for the purposes and principles set forth in the Charter of the United Nations and respect for applicable human rights instruments is a sine qua non for the full protection of persons with disabilities, in particular in times of armed conflict and foreign occupation,

v) recognizing that the accessibility of the physical, social, economic and cultural environment, health care and education, as well as information and communication, is important as it enables persons with disabilities to fully enjoy all human rights and fundamental freedoms,

w) pay attention to that each individual, having duties towards other people and the community to which he belongs, should strive to promote and uphold the rights recognized in the International Bill of Human Rights,

x) convinced that the family is the natural and fundamental unit of society and is entitled to the protection of society and the State, and that persons with disabilities and members of their families should receive the necessary protection and assistance to enable families to contribute to the full and equal enjoyment of the rights of persons with disabilities,

y) convinced that a comprehensive and unified international convention to promote and protect the rights and dignity of persons with disabilities will be an important contribution to overcoming the deeply disadvantaged social situation of persons with disabilities and to increasing their participation in civil, political, economic, social and cultural life with equal opportunities - both in developed as well as in developing countries,

agreed on the following:

Article 1

Target

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

Persons with disabilities include those with long-term physical, mental, intellectual or sensory impairments which, in interaction with various barriers, may prevent them from participating fully and effectively in society on an equal basis with others.

Article 2

Definitions

For the purposes of this Convention:

"communication" includes the use of languages, texts, Braille, tactile communication, large print, accessible multimedia, as well as printed materials, audio, plain language, recitation, and augmentative and alternative methods, modes and formats of communication, including accessible information communication technology;

"language" includes spoken and signed languages ​​and other forms of non-verbal languages;

"discrimination on the basis of disability" means any distinction, exclusion or limitation on the basis of disability, the purpose or effect of which is to impair or deny the recognition, enjoyment or enjoyment, on an equal basis with others, of all human rights and fundamental freedoms in political, economic, social, cultural, civil or any other area. It includes all forms of discrimination, including the denial of reasonable accommodation;

"reasonable accommodation" means making, where necessary in a particular case, necessary and appropriate modifications and adjustments, without imposing a disproportionate or undue burden, in order to ensure to persons with disabilities the enjoyment or enjoyment, on an equal basis with others, of all human rights and fundamental freedoms;

"universal design" means the design of objects, environments, programs and services to be usable by all people to the greatest extent possible without the need for adaptation or special design. "Universal design" does not exclude assistive devices for specific groups of people with disabilities where needed.

Article 3

General principles

The principles of this Convention are:

a) respect for the inherent dignity of the individual, his personal autonomy, including the freedom to make his own choices, and independence;

b) non-discrimination;

c) full and effective involvement and inclusion in society;

d) respect for the characteristics of persons with disabilities and their acceptance as a component of human diversity and part of humanity;

e) equality of opportunity;

f) availability;

g) equality of men and women;

h) Respect for the evolving capacities of children with disabilities and respect for the right of children with disabilities to maintain their individuality.

Article 4

General obligations

1. States Parties undertake to ensure and promote the full enjoyment of all human rights and fundamental freedoms by all persons with disabilities, without discrimination of any kind on the basis of disability. To this end, the participating States undertake:

a) take all appropriate legislative, administrative and other measures to give effect to the rights recognized in this Convention;

(b) Take all appropriate measures, including legislative measures, to amend or repeal existing laws, ordinances, customs and practices that discriminate against persons with disabilities;

(c) Include in all policies and programs the protection and promotion of the human rights of persons with disabilities;

d) refrain from any act or practice that is inconsistent with this Convention and ensure that public authorities and institutions act in accordance with this Convention;

e) take all appropriate measures to eliminate discrimination on the basis of disability by any person, organization or private enterprise;

(f) to carry out or encourage the research and development of goods, services, equipment and objects of universal design (as defined in Article 2 of this Convention) whose adaptation to the specific needs of the person with a disability would require the least possible adaptation, and minimal cost, promote their availability and use, and promote the idea of ​​universal design in the development of standards and guidelines;

(g) Conduct or encourage research and development and promote the availability and use of new technologies, including information and communication technologies, mobility aids, devices and assistive technologies suitable for persons with disabilities, with priority given to low-cost technologies;

(h) Provide accessible information to persons with disabilities about mobility aids, devices and assistive technologies, including new technologies, as well as other forms of assistance, support services and facilities;

(i) Encourage the education of professionals and staff working with persons with disabilities about the rights recognized in this Convention in order to improve the provision of the assistance and services guaranteed by these rights.

2. With regard to economic, social and cultural rights, each participating State undertakes to take, to the maximum of its available resources and, if necessary, with international cooperation, measures towards the gradual achievement of the full realization of these rights, without prejudice to those formulated in of this Convention obligations that are directly applicable under international law.

3. In developing and implementing legislation and policies to implement this Convention and in other decision-making processes on matters relating to persons with disabilities, States Parties shall consult closely with persons with disabilities, including children with disabilities, and actively involve them through their representative organizations .

4. Nothing in this Convention shall affect any provision which, in more contribute to the realization of the rights of persons with disabilities and may be contained in the laws of the State Party or international law in force in that State. No limitation or derogation from any human rights and fundamental freedoms recognized or existing in any State Party to this Convention by operation of law, conventions, rules or custom shall be allowed, on the pretext that this Convention does not recognize such rights or freedoms, or that it recognizes them to a lesser extent.

5. The provisions of this Convention shall apply to all parts of the federal states without any limitations or exceptions.

Article 5

Equality and non-discrimination

1. The participating States recognize that all persons are equal before and under the law and are entitled to the equal protection and enjoyment of the law without any discrimination.

2. States Parties shall prohibit all discrimination on the basis of disability and shall guarantee to persons with disabilities equal and effective legal protection against discrimination on any grounds.

3. To promote equality and eliminate discrimination, participating States shall take all appropriate steps to ensure reasonable accommodation.

4. Specific measures necessary to accelerate or achieve de facto equality for persons with disabilities shall not be considered discrimination within the meaning of this Convention.

Article 6

Disabled women

1. States Parties recognize that women and girls with disabilities are subject to multiple discrimination and, in this regard, take measures to ensure their full and equal enjoyment of all human rights and fundamental freedoms.

2. States Parties shall take all appropriate measures to ensure the full development, advancement and empowerment of women in order to guarantee them the enjoyment and enjoyment of the human rights and fundamental freedoms set forth in this Convention.

Article 7

Disabled children

1. States Parties shall take all necessary measures to ensure that children with disabilities fully enjoy all human rights and fundamental freedoms on an equal basis with other children.

2. In all actions concerning children with disabilities, the best interests of the child shall be a primary consideration.

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

Article 8

Educational work

1. States Parties undertake to take prompt, effective and appropriate measures to:

(a) Raise awareness of the whole society, including at the family level, about disability issues and strengthen respect for the rights and dignity of persons with disabilities;

(b) Combat stereotypes, prejudice and harmful practices against persons with disabilities, including on the basis of gender and age, in all areas of life;

c) promote the potential and contribution of persons with disabilities.

2. Measures taken to this end include:

(a) Launching and maintaining effective public education campaigns designed to:

i) educate sensitivity to the rights of persons with disabilities;

ii) encourage positive perceptions of persons with disabilities and a greater understanding of them by society;

iii) promote recognition of the skills, merit and abilities of persons with disabilities, as well as their contribution in the workplace and the labor market;

b) upbringing at all levels of the education system, including for all children from early age respect for the rights of persons with disabilities;

(c) encouraging all media outlets to portray persons with disabilities in a manner consistent with the purpose of this Convention;

d) promotion of education and awareness programs on persons with disabilities and their rights.

Article 9

Availability

1. In order to enable persons with disabilities to lead independent lives and participate fully in all aspects of life, States Parties shall take appropriate measures to ensure that persons with disabilities have access, on an equal basis with others, to the physical environment, to transport, to information and communications, including information and communication technologies and systems , as well as other facilities and services open or provided to the public, both in urban and rural areas. These measures, which include the identification and removal of barriers and barriers to accessibility, should include, in particular:

a) buildings, roads, vehicles and other indoor and outdoor facilities, including schools, residences, medical facilities and workplaces;

b) information, communication and other services, including electronic services and emergency services.

2. States Parties shall also take appropriate measures to:

(a) Develop, enforce and enforce minimum standards and guidelines for the accessibility of facilities and services open or provided to the public;

b) ensure that private enterprises that offer facilities and services open or provided to the public take into account all aspects of accessibility for persons with disabilities;

c) organize briefings for all stakeholders on accessibility issues faced by persons with disabilities;

d) equip buildings and other facilities open to the public with signs in Braille and in an easily readable and understandable form;

e) provide different kinds the services of assistants and intermediaries, including guides, readers and professional sign language interpreters, to facilitate the accessibility of buildings and other facilities open to the public;

(f) Develop other appropriate forms of assistance and support for persons with disabilities to ensure their access to information;

(g) Promote access by persons with disabilities to new information and communication technologies and systems, including the Internet;

h) encourage the design, development, production and dissemination of initially accessible information and communication technologies and systems, so that the availability of these technologies and systems is achieved at a minimum cost.

Article 10

The right to live

The participating States reaffirm the inalienable right of everyone to life and take all necessary measures to ensure its effective enjoyment by persons with disabilities on an equal basis with others.

Article 11

Situations of risk and humanitarian emergencies

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 armed conflict, humanitarian emergencies and natural disasters.

Article 12

Equality before the law

1. The participating States reaffirm that every person with a disability, wherever he may be, has the right to equal legal protection.

2. States Parties recognize that persons with disabilities have legal capacity on an equal basis with others in all aspects of life.

3. States Parties shall take appropriate measures to ensure that persons with disabilities have access to the support they may require in exercising their legal capacity.

4. Participating States shall ensure that all measures relating to the exercise of legal capacity provide for appropriate and effective safeguards to prevent abuse in accordance with international human rights law. Such guarantees should ensure that measures relating to the exercise of legal capacity are oriented towards respect for the rights, will and preferences of the person, are free from conflicts of interest and undue influence, are proportionate and tailored to the circumstances of that person, are applied for the shortest possible time and regularly reviewed by a competent, independent and impartial body or tribunal. These guarantees must be proportionate to the extent to which such measures affect the rights and interests of the person concerned.

5. Subject to the provisions of this article, States Parties shall take all appropriate and effective measures to ensure equal rights for persons with disabilities to own and inherit property, to manage their own financial affairs, and to have equal access to bank loans, mortgages and other forms of financial credit. and ensure that persons with disabilities are not arbitrarily deprived of their property.

Article 13

Access to justice

1. States Parties shall ensure that persons with disabilities have effective access to justice on an equal basis with others, including by providing for procedural and age-appropriate adjustments to facilitate their effective role as direct and indirect participants, including witnesses, in all stages of the legal process, including the investigation stage and other stages of pre-production.

2. To help ensure that persons with disabilities have effective access to justice, participating States shall promote appropriate training for those working in the administration of justice, including in the police and prison system.

Article 14

Freedom and personal integrity

1. States Parties shall ensure that persons with disabilities, on an equal basis with others:

a) enjoy the right to liberty and security of person;

(b) Are not deprived of liberty unlawfully or arbitrarily, and that any deprivation of liberty is in accordance with the law, and that the existence of a disability does not, in any case, serve as a basis for deprivation of liberty.

2. States Parties shall ensure that, where persons with disabilities are deprived of their liberty by any procedure, they are entitled, on an equal basis with others, to guarantees consistent with international human rights law and that they are treated in accordance with the purposes and principles of this Convention, including providing reasonable accommodation.

Article 15

Freedom from torture and cruel, inhuman or degrading treatment or punishment

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

2. States Parties shall take all effective legislative, administrative, judicial or other measures to ensure that persons with disabilities, on an equal basis with others, are not subjected to torture or to cruel, inhuman or degrading treatment or punishment.

Article 16

Freedom from exploitation, violence and abuse

1. States Parties shall take all appropriate legislative, administrative, social, educational and other measures to protect persons with disabilities, both at home and outside, from all forms of exploitation, violence and abuse, including those aspects that are gender-based.

2. States Parties shall also take all appropriate measures to prevent all forms of exploitation, violence and abuse, ensuring, in particular, suitable shapes providing gender-sensitive care and support to persons with disabilities, their families and caregivers, including through awareness and education on how to avoid, identify and report exploitation, violence and abuse. States Parties shall ensure that protection services are provided in an age-, sex- and disability-sensitive manner.

3. In an effort to prevent all forms of exploitation, violence and abuse, participating States shall ensure that all institutions and programs designed to serve persons with disabilities are subject to effective supervision by independent bodies.

4. States Parties shall take all appropriate measures to promote the physical, cognitive and psychological recovery, rehabilitation and social reintegration of persons with disabilities who are victims of any form of exploitation, violence or abuse, including through the provision of protection services. Such recovery and reintegration takes place in an environment that promotes the health, well-being, self-respect, dignity and autonomy of the person concerned, and is carried out in an age- and gender-sensitive manner.

5. Participating States shall adopt effective legislation and policies, including those targeting women and children, to ensure that cases of exploitation, violence and abuse of persons with disabilities are identified, investigated and, as appropriate, prosecuted.

Article 17

Protection of personal integrity

Every person with a disability has the right to respect for his physical and mental integrity on an equal basis with others.

Article 18

Freedom of movement and citizenship

1. States Parties recognize the rights of persons with disabilities to freedom of movement, to freedom of choice of residence and to citizenship on an equal basis with others, including by ensuring that persons with disabilities:

a) have the right to acquire and change nationality and are not deprived of their nationality arbitrarily or because of disability;

(b) Are not deprived, by reason of disability, of being able to obtain, possess and use documents confirming their nationality or other identification documents, or use appropriate procedures, such as immigration, which may be necessary to facilitate the exercise of the right to freedom of movement;

c) have the right to freely leave any country, including their own;

d) are not deprived arbitrarily or by reason of disability of the right to enter their own country.

2. Children with disabilities are registered immediately after birth and from birth have the right to a name and to acquire a nationality and, to the greatest extent possible, the right to know and be cared for by their parents.

Article 19

Independent lifestyle and involvement in the local community

States Parties to this Convention recognize the equal right of all persons with disabilities to live in habitual places of residence, with equal choices as others, and shall take effective and appropriate measures to promote the full realization of this right by persons with disabilities and their full inclusion and involvement in the local community, including ensuring that:

(a) Persons with disabilities have the opportunity to choose, on an equal basis with other people, their place of residence and where and with whom to live, and were not required to live in any specific housing conditions;

(b) Persons with disabilities have access to a variety of home, community and other community-based support services, including the personal assistance needed to support life in and inclusion in the community and avoid isolation or segregation from the community ;

(c) Community services and facilities for the general population are equally accessible to persons with disabilities and meet their needs.

Article 20

Individual mobility

States Parties shall take effective measures to ensure the individual mobility of persons with disabilities to the greatest extent possible, including by:

(a) Facilitate the individual mobility of persons with disabilities in the way they choose, at the time of their choice and at an affordable cost;

(b) Facilitate access by persons with disabilities to quality mobility aids, devices, assistive technologies and services of assistants and intermediaries, including by making them available at an affordable cost;

(c) Mobility training for persons with disabilities and the professional staff working with them;

(d) Encouraging businesses that manufacture mobility aids, devices and assistive technologies to take into account all aspects of the mobility of persons with disabilities.

Article 21

Freedom of expression and opinion and access to information

States Parties shall take all appropriate measures to ensure that persons with disabilities can enjoy the right to freedom of expression and opinion, including the freedom to seek, receive and impart information and ideas on an equal basis with others, in all forms of communication of their choice, as defined in Article 2 of this Conventions including:

(a) Providing persons with disabilities with information intended for the general public in accessible formats and using technologies that take into account different forms disability, in a timely manner and at no additional cost;

b) accepting and promoting the use in official communications of: sign languages, Braille, augmentative and alternative modes of communication, and all other available ways, methods and formats of communication at the choice of disabled people;

(c) Actively encouraging private enterprises providing services to the general public, including via the Internet, to provide information and services in formats that are accessible and suitable for persons with disabilities;

d) encouraging the media, including those providing information via the Internet, to make their services accessible to persons with disabilities;

e) recognition and encouragement of the use of sign languages.

Article 22

Privacy

1. Regardless of the place of residence or living conditions no person with a disability shall be subjected to arbitrary or unlawful interference with his privacy, family, home or correspondence or other forms of communication, or unlawful attacks on his honor and reputation. Persons with disabilities are entitled to the protection of the law against such attacks or attacks.

2. States Parties shall protect the confidentiality of the identity, health and rehabilitation of persons with disabilities on an equal basis with others.

Article 23

Respect for home and family

1. States Parties shall take effective and appropriate measures to eliminate discrimination against persons with disabilities in all matters relating to marriage, family, paternity, motherhood and personal relationships, on an equal basis with others, while endeavoring to ensure that:

(a) Recognize the right of all persons with disabilities who have reached marriageable age to marry and found a family on the basis of the free and full consent of the spouses;

(b) Recognize the rights of persons with disabilities to freely and responsibly decide on the number and spacing of children and to access age-appropriate information and education on reproductive behavior and family planning, and provide the means to enable them to exercise these rights;

(c) Persons with disabilities, including children, maintain their fertility on an equal basis with others.

2. States Parties shall ensure the rights and obligations of persons with disabilities in relation to guardianship, guardianship, guardianship, adoption of children or similar institutions, where these concepts are present in national law; in all cases, the best interests of the child are paramount. States Parties shall provide persons with disabilities with appropriate assistance in the performance of their child-rearing responsibilities.

3. States Parties shall ensure that children with disabilities have equal rights in relation to family life. To realize these rights and prevent children with disabilities from being hidden, abandoned, neglected and segregated, participating States commit themselves to providing children with disabilities and their families with comprehensive information, services and support from the outset.

4. States Parties shall ensure that a child is not separated from his or her parents against their will, unless the competent authorities, overseen by a court and in accordance with applicable laws and procedures, determine that such separation is necessary in the best interests of the child. Under no circumstances shall a child be separated from its parents because of a disability either of the child or of one or both parents.

5. Participating States undertake, in the event that next of kin are unable to provide care for a child with a disability, to make every effort to arrange for alternative care through the involvement of more distant relatives and, if this is not possible, through the creation of family conditions for the child to live in the local community.

Article 24

Education

1. States Parties recognize the right of persons with disabilities to education. In order to realize this right without discrimination and on the basis of equality of opportunity, participating States shall ensure inclusive education at all levels and lifelong learning, while striving to:

a) to the full development of human potential, as well as a sense of dignity and self-respect, and to greater respect for human rights, fundamental freedoms and human diversity;

b) to develop the personality, talents and creativity of persons with disabilities, as well as their mental and physical abilities to the fullest extent;

(c) To enable persons with disabilities to participate effectively in a free society.

2. In exercising this right, States Parties shall ensure that:

(a) Persons with disabilities are not excluded on the grounds of disability from the general education system, and children with disabilities are not excluded from the free and compulsory primary education or secondary education;

(b) Persons with disabilities have access, on an equal basis with others, to inclusive, quality and free primary education and secondary education in their places of residence;

c) reasonable accommodation is provided, taking into account individual needs;

(d) Persons with disabilities receive the required support within the general education system to facilitate their effective learning;

e) in an environment that is most conducive to learning and social development, and consistent with the goal of full inclusion, effective measures are taken to organize individualized support.

3. States Parties shall provide persons with disabilities with the opportunity to learn life and social skills in order to facilitate their full and equal participation in the educational process and as members of the local community. States Parties shall take appropriate measures in this regard, including:

(a) Promote braille, alternative scripts, augmentative and alternative methods, modes and formats of communication, and orientation and mobility skills, and promote peer support and mentoring;

b) contribute to the acquisition of sign language and the promotion of the linguistic identity of the deaf;

(c) ensure that the education of persons, in particular children, who are blind, deaf or deaf-blind, takes place in the languages ​​and methods and means of communication most appropriate to the individual and in an environment that is most conducive to learning and social development.

4. In order to help ensure the realization of this right, States Parties shall take appropriate measures to employ teachers, including teachers with disabilities who are proficient in sign language and/or Braille, and to train professionals and staff working at all levels of the education system . Such training encompasses disability education and the use of appropriate augmentative and alternative communication methods, modes and formats, teaching methods and materials to support persons with disabilities.

5. States Parties shall ensure that persons with disabilities can have access to general higher education, vocational training, adult education and lifelong learning without discrimination and on an equal basis with others. To this end, States Parties shall ensure that reasonable accommodation is provided for persons with disabilities.

Article 25

Health

States Parties recognize that persons with disabilities are entitled to the highest attainable standard of health without discrimination on the basis of disability. States Parties shall take all appropriate measures to ensure that persons with disabilities have access to gender-sensitive health services, including health rehabilitation. In particular, participating States:

(a) Provide persons with disabilities with the same range, quality and level of free or low-cost health services and programs as others, including in the field of sexual and reproductive health and through the provision of government programs health care;

(b) Provide those health care services that persons with disabilities need directly because of their disability, including early diagnosis and, where appropriate, correction and services designed to minimize and prevent further disability, including among children and the elderly;

(c) Organize these health services as close as possible to the places of direct residence of these people, including in rural areas;

d) require health professionals to provide services to persons with disabilities of the same quality as to others, including on the basis of free and informed consent through, inter alia, raising awareness of the human rights, dignity, autonomy and needs of persons with disabilities through education and acceptance ethical standards for public and private healthcare;

(e) Prohibit discrimination against persons with disabilities in the provision of health and life insurance, where the latter is permitted by national law, and ensure that they are provided on an equitable and reasonable basis;

f) do not discriminately deny health care or health care services or food or fluids based on a disability.

Article 26

Habilitation and rehabilitation

1. States Parties shall take, including with the support of other persons with disabilities, effective and appropriate measures to enable persons with disabilities to achieve and maintain maximum independence, full physical, mental, social and vocational abilities and full inclusion and participation in all aspects of life. To this end, the participating States shall organize, strengthen and expand comprehensive habilitation and rehabilitation services and programs, especially in the areas of health, employment, education and social services, in such a way that these services and programs:

a) start as early as possible and are based on a multidisciplinary assessment of the needs and strengths of the individual;

b) promote involvement and inclusion in the local community and in all aspects of society, are voluntary and accessible to persons with disabilities as close as possible to their immediate residence, including in rural areas.

2. The participating States shall encourage the development of initial and continuing education for professionals and personnel working in the field of habilitation and rehabilitation services.

3. Participating States shall encourage the availability, knowledge and use of assistive devices and technologies related to habilitation and rehabilitation for persons with disabilities.

Article 27

Labor and employment

1. States Parties recognize the right of persons with disabilities to work on an equal basis with others; it includes the right to be able to earn a living in a job that a person with a disability has freely chosen or freely agreed to, in an environment where the labor market and work environment is open, inclusive and accessible to persons with disabilities. Participating States shall ensure and promote the realization of the right to work, including for those persons who acquire a disability while at work, by adopting, including through legislation, appropriate measures aimed, inter alia, at the following:

(a) The prohibition of discrimination on the basis of disability in all matters relating to all forms of employment, including conditions of employment, employment and employment, retention of employment, promotion and safe and healthy working conditions;

(b) Protecting the rights of persons with disabilities, on an equal basis with others, to just and favorable working conditions, including equal opportunity and equal pay for work of equal value, safe and healthy working conditions, including protection from harassment, and redress for grievances;

(c) Ensuring that persons with disabilities can exercise their labor and trade union rights on an equal basis with others;

(d) Enabling persons with disabilities to have effective access to general technical and vocational guidance programs, employment services and vocational and continuing education;

(e) Increasing labor market opportunities for employment and promotion of persons with disabilities, as well as assistance in finding, obtaining, maintaining and resuming employment;

f) expanding opportunities for self-employment, entrepreneurship, development of cooperatives and starting one's own business;

g) employment of persons with disabilities in the public sector;

(h) Encouraging the employment of persons with disabilities in the private sector through appropriate policies and measures, which may include affirmative action programmes, incentives and other measures;

i) provision of reasonable accommodation for persons with disabilities;

(j) Encouraging persons with disabilities to gain experience in the open labor market;

(k) Promoting vocational and skills rehabilitation, job retention and return to work programs for persons with disabilities.

2. States Parties shall ensure that persons with disabilities are not held in slavery or servitude and are protected on an equal basis with others from forced or compulsory labour.

Article 28

Adequate standard of living and social protection

1. States Parties recognize the right of persons with disabilities to an adequate standard of living for themselves and their families, including adequate food, clothing and housing, and to the continuous improvement of living conditions, and shall take appropriate measures to ensure and promote the realization of this right without discrimination on the basis of disability.

2. States Parties recognize the right of persons with disabilities to social protection and to the enjoyment of this right without discrimination on the basis of disability, and shall take appropriate measures to ensure and promote the realization of this right, including measures:

(a) Ensuring that persons with disabilities have equal access to clean water and that they have access to appropriate and affordable services, devices and other assistance to meet the needs associated with disability;

(b) to ensure that persons with disabilities, in particular women, girls and older persons with disabilities, have access to social protection and poverty reduction programmes;

(c) To ensure that persons with disabilities and their families living in poverty have access to assistance from the State to meet the costs of disability, including appropriate training, counselling, financial assistance and respite care;

(d) ensuring access for persons with disabilities to public housing programs;

(e) Ensuring that people with disabilities have access to retirement benefits and programs.

Article 29

Participation in political and public life

States Parties shall guarantee to persons with disabilities political rights and the opportunity to enjoy them on an equal basis with others and undertake:

(a) Ensure that persons with disabilities can participate effectively and fully, directly or through freely chosen representatives, in political and public life on an equal basis with others, including the right and opportunity to vote and be elected, in particular through:

i) ensuring that voting procedures, facilities and materials are appropriate, accessible and easy to understand and use;

(ii) Protecting the right of persons with disabilities to vote by secret ballot in elections and public referendums without intimidation and to stand for election, to actually hold office and perform all public functions at all levels of government, by promoting the use of assistive and new technologies, where appropriate;

(iii) Guaranteeing the free expression of the will of persons with disabilities as voters and, to this end, granting, when necessary, their requests to be assisted by a person of their choice in voting;

(b) Actively promote an environment in which persons with disabilities can participate effectively and fully in the conduct of public affairs, without discrimination and on an equal basis with others, and encourage their participation in public affairs, including:

i) participation in non-governmental organizations and associations whose work is related to the state and political life of the country, including in the activities of political parties and their leadership;

ii) creating and joining organizations of persons with disabilities in order to represent persons with disabilities at the international, national, regional and local levels.

Article 30

Participation in cultural life, leisure and recreation activities and sports

1. States Parties recognize the right of persons with disabilities to participate on an equal basis with others in cultural life and shall take all appropriate measures to ensure that persons with disabilities:

a) have access to cultural works in accessible formats;

b) have access to television programs, films, theater and other cultural events in accessible formats;

(c) Have access to places of cultural performance or service, such as theatres, museums, cinemas, libraries and tourist services, and have, to the greatest extent possible, access to monuments and sites of national cultural significance.

2. States Parties shall take appropriate measures to enable persons with disabilities to develop and use their creative, artistic and intellectual potential, not only for their own benefit, but for the enrichment of society as a whole.

3. States Parties shall take all appropriate steps, consistent with international law, to ensure that laws protecting intellectual property rights do not become an unjustified or discriminatory barrier to access to cultural works by persons with disabilities.

4. Persons with disabilities have the right, on an equal basis with others, to have their distinct cultural and linguistic identity recognized and supported, including sign languages ​​and the culture of the deaf.

5. In order to enable persons with disabilities to participate on an equal basis with others in leisure and recreational activities and sporting activities, States Parties shall take appropriate measures:

(a) to encourage and promote the fullest possible participation of persons with disabilities in general sports activities at all levels;

(b) To ensure that persons with disabilities have the opportunity to organize, develop and participate in sports and leisure activities specifically for persons with disabilities, and to promote in this regard that they are provided with appropriate education, training and resources on an equal basis with others;

c) to ensure that persons with disabilities have access to sports, recreation and tourism facilities;

(d) To ensure that children with disabilities have equal access with other children to participate in play, leisure and recreation and sports activities, including activities within the school system;

(e) To ensure that persons with disabilities have access to the services of those involved in the organization of leisure, tourism, recreation and sporting events.

Article 31

Statistics and data collection

1. States Parties undertake to collect adequate information, including statistical and research data, to enable them to develop and implement strategies for the implementation of this Convention. In the process of collecting and storing this information, you should:

a) comply with legal safeguards, including data protection legislation, to ensure the confidentiality and privacy of persons with disabilities;

b) comply with internationally recognized standards regarding the protection of human rights and fundamental freedoms, as well as ethical principles in the collection and use of statistical data.

2. Information collected pursuant to this article shall be disaggregated as appropriate and used to help assess how States Parties are fulfilling their obligations under this Convention and to identify and address barriers that persons with disabilities face in exercising their rights.

3. The participating States shall take responsibility for disseminating these statistics and making them accessible to persons with disabilities and others.

Article 32

The international cooperation

1. States Parties recognize the importance and encouragement of international cooperation in support of national efforts to realize the aims and objectives of this Convention and shall take appropriate and effective measures in this regard, inter-Stately and, where appropriate, in partnership with relevant international and regional organizations and civil society, in particular organizations of persons with disabilities. Such measures could include, in particular:

(a) Ensuring that international cooperation, including international development programmes, is inclusive of and accessible to persons with disabilities;

b) facilitating and supporting the strengthening of existing capabilities, including through the mutual exchange of information, experiences, programs and best practices;

c) promoting cooperation in research and access to scientific and technical knowledge;

(d) Providing, where appropriate, techno-economic assistance, including through facilitating access to and sharing of accessible and assistive technologies, and through technology transfer.

2. The provisions of this article shall not affect the obligations of each State Party to fulfill its obligations under this Convention.

Article 33

National implementation and monitoring

1. States Parties, in accordance with their institutional arrangements, shall designate one or more focal points within government for matters relating to the implementation of this Convention and shall give due consideration to the establishment or designation of a coordinating mechanism within government to facilitate related work in the various sectors and in various levels.

2. States Parties, in accordance with their legal and administrative arrangements, shall maintain, strengthen, designate or establish within themselves a structure, including, where appropriate, one or more independent mechanisms, to promote, protect and monitor the implementation of this Convention. In designating or establishing such a mechanism, States Parties shall take into account the principles relating to the status and functioning of national institutions for the protection and promotion of human rights.

3. Civil society, in particular persons with disabilities and organizations representing them, are fully involved in the monitoring process and participate in it.

Article 34

Committee on the Rights of Persons with Disabilities

1. A Committee on the Rights of Persons with Disabilities (hereinafter referred to as the "Committee") shall be established and shall carry out the functions provided below.

2. At the time this Convention enters into force, the Committee shall be composed of twelve experts. After a further sixty ratifications or accessions to the Convention, the membership of the Committee is increased by six members, to a maximum of eighteen members.

3. The members of the Committee shall serve in their personal capacity and be of high moral character and recognized competence and experience in the field covered by this Convention. In nominating their candidates, States Parties are requested to give due consideration to the provision set forth in Article 4, paragraph 3, of this Convention.

4. The members of the Committee are elected by the States Parties, with attention being paid to equitable geographical distribution, representation various forms civilization and major legal systems, gender balance and participation of disabled experts.

5. Members of the Committee shall be elected by secret ballot from a list of candidates nominated by States Parties from among their nationals at meetings of the Conference of the States Parties. At these meetings, at which two-thirds of the States Parties constitute a quorum, those candidates who obtain the largest number of votes and an absolute majority of the votes of the representatives of the States Parties present and voting shall be elected to the Committee.

6. Initial elections shall be held no later than six months after the date on which this Convention enters into force. At least four months before the date of each election, the Secretary-General of the United Nations shall write to participating States inviting them to submit nominations within two months. The Secretary-General shall then draw up, in alphabetical order, a list of all candidates so nominated, indicating the State Parties which have nominated them, and shall communicate it to the States Parties to this Convention.

7. Members of the Committee are elected for a four-year term. They are eligible to be re-elected only once. However, six of the members elected at the first election shall expire at the end of the two-year period; immediately after the first election, the names of these six members shall be determined by lot by the presiding officer of the meeting referred to in paragraph 5 of this article.

8. The election of six additional members of the Committee shall be held in conjunction with regular elections, subject to the relevant provisions of this article.

9. If any member of the Committee dies or resigns, or declares that he is no longer able to perform his duties for any other reason, the State Party that nominated that member shall, for the remainder of the term of office, appoint another expert qualified and meeting the requirements provided for in the relevant provisions of this article.

10. The Committee shall establish its own rules of procedure.

11. The Secretary-General of the United Nations shall provide the necessary staff and facilities for the effective exercise of the Committee's functions under this Convention and shall convene its first meeting.

12. The members of the Committee established under this Convention shall receive remuneration approved by the General Assembly of the United Nations from the funds of the United Nations in such manner and on such terms as the Assembly may determine, having regard to the importance of the duties of the Committee.

13. Members of the Committee are entitled to the facilities, privileges and immunities of experts on mission for the United Nations, as set out in the relevant sections of the Convention on the Privileges and Immunities of the United Nations.

Article 35

State party reports

1. Each State Party shall submit to the Committee, through the Secretary-General of the United Nations, a comprehensive report on the measures taken to give effect to its obligations under this Convention and on the progress made in this regard, within two years of the entry into force of this Convention for the relevant participating state.

2. Thereafter, States Parties shall submit subsequent reports at least every four years, and also whenever the Committee so requests.

3. The Committee shall establish guidelines governing the content of the reports.

4. A State Party that has submitted a comprehensive initial report to the Committee need not repeat in its subsequent reports the information previously provided. States Parties are encouraged to consider making the preparation of reports to the Committee an open and transparent process and to give due consideration to the provision set out in Article 4, paragraph 3, of this Convention.

5. Reports may indicate factors and difficulties affecting the extent to which obligations under this Convention are fulfilled.

Article 36

Consideration of reports

1. Each report is considered by the Committee, which makes proposals on it and general recommendations as it deems appropriate and shall forward them to the State Party concerned. A State Party may, in response, send to the Committee any information of its choice. The Committee may request from States Parties Additional information relevant to the implementation of this Convention.

2. When a State Party is substantially overdue in submitting a report, the Committee may notify the State Party concerned that, if the relevant report is not submitted within three months of such notification, the implementation of this Convention in that State Party will need to be reviewed. on the basis of reliable information available to the Committee. The Committee invites the State party concerned to participate in such consideration. If a State Party submits a report in response, the provisions of paragraph 1 of this article shall apply.

3. The Secretary-General of the United Nations shall make reports available to all participating States.

4. States Parties shall make their reports widely available to the public in their own countries and facilitate familiarization with suggestions and general recommendations relating to these reports.

5. Whenever the Committee considers it appropriate, it shall forward the reports of States Parties to the specialized agencies, funds and programs of the United Nations, as well as to other competent authorities, for their attention to a request for technical advice or assistance expressed therein, or an indication contained therein of a need for the latter, together with the Committee's comments and recommendations (if any) on those requests or instructions.

Article 37

Cooperation between States Parties and the Committee

1. Each State Party shall cooperate with the Committee and assist its members in the performance of their mandate.

2. In its relations with States Parties, the Committee shall give due consideration to ways and means of enhancing national capacities to implement this Convention, including through international cooperation.

Article 38

Relations of the Committee with other bodies

To promote the effective implementation of this Convention and to encourage international cooperation in the field covered by it:

(a) The specialized agencies and other organs of the United Nations shall have the right to be represented when considering the implementation of such provisions of this Convention as fall within their mandate. Whenever the Committee considers it appropriate, it may invite the specialized agencies and other competent bodies to provide expert advice on the implementation of the Convention in areas falling within their respective mandates. The Committee may invite the specialized agencies and other organs of the United Nations to submit reports on the implementation of the Convention in areas falling within the scope of their activities;

(b) In carrying out its mandate, the Committee consults, as appropriate, with other relevant bodies established by international human rights treaties, with a view to ensuring consistency in their respective reporting guidelines, as well as in their proposals and general recommendations and avoid duplication and overlap in the exercise of their functions.

Article 39

Report of the Committee

The Committee submits a report on its activities to the General Assembly and the Economic and Social Council every two years and may make proposals and general recommendations based on the consideration of reports and information received from States Parties. Such proposals and general recommendations are included in the report of the Committee, together with comments (if any) from States Parties.

Article 40

Conference of States Parties

1. The States Parties shall meet regularly in the Conference of the States Parties to consider any question relating to the implementation of this Convention.

2. Not later than six months after the entry into force of this Convention, the Secretary-General of the United Nations shall convene a Conference of States Parties. Subsequent meetings are convened by the Secretary-General every two years or as decided by the Conference of the States Parties.

Article 41

Depositary

The Secretary-General of the United Nations shall be the depositary of this Convention.

Article 42

Signing

This Convention shall be open for signature by all States and regional integration organizations at United Nations Headquarters in New York as from 30 March 2007.

Article 43

Consent to be bound

This Convention shall be subject to ratification by signatory States and formal confirmation by signatory regional integration organizations. It shall be open for accession by any State or regional integration organization not a signatory to this Convention.

Article 44

Regional Integration Organizations

1. "Regional integration organization" means an organization established by the sovereign States of a particular region to which its member States have transferred competence in respect of matters governed by this Convention. Such organizations shall indicate in their instruments of formal confirmation or accession the extent of their competence with respect to matters governed by this Convention. Subsequently, they inform the depositary of any significant changes in the scope of their competence.

3. For the purposes of paragraph 1 of Article 45 and paragraphs 2 and 3 of Article 47 of this Convention, no instrument deposited by a regional integration organization shall count.

4. In matters within their competence, regional integration organizations may exercise their right to vote in the Conference of States Parties with a number of votes equal to the number of their member States which are parties to this Convention. Such an organization shall not exercise its right to vote if any of its member states exercises its right, and vice versa.

Article 45

Entry into force

1. This Convention shall enter into force on the thirtieth day following the date of deposit of the twentieth instrument of ratification or accession.

2. For each State or regional integration organization which ratifies, formally confirms or accedes to this Convention after the twentieth such instrument has been deposited, the Convention shall enter into force on the thirtieth day after they have deposited their such instrument.

Article 46

Reservations

1. Reservations inconsistent with the object and purpose of this Convention are not permitted.

Article 47

Amendments

1. Any State Party may propose an amendment to this Convention and submit it to the Secretary-General of the United Nations. The Secretary-General shall communicate any proposed amendments to the States Parties, requesting that they notify him whether they favor a conference of States Parties to consider and decide on the proposals. In the event that, within four months from the date of such communication, at least one third of the States Parties favor such a conference, the Secretary-General shall convene the conference under the auspices of the United Nations. Any amendment approved by a two-thirds majority of the States Parties present and voting shall be submitted by the Secretary-General to the General Assembly of the United Nations for approval and then to all States Parties for acceptance.

3. If the Conference of States Parties so decides by consensus, the amendment approved and approved in accordance with paragraph 1 of this article, which relates exclusively to articles 34, 38, 39 and 40, shall enter into force for all States Parties on the thirtieth day after as the number of instruments of acceptance deposited reaches two-thirds of the number of States Parties at the date of approval of this amendment.

Article 48

Denunciation

A State Party may denounce this Convention by written notification to the Secretary-General of the United Nations. The denunciation shall take effect one year after the date of receipt by the Secretary General of such notification.

Article 49

Available Format

The text of this Convention should be made available in accessible formats.

Article 50

Authentic texts

Texts of this Convention in Arabic, Chinese, English, Russian and Spanish French are equally authentic.

IN WITNESS WHEREOF, the undersigned plenipotentiaries, being duly authorized thereto by their respective governments, have signed this Convention.

Optional Protocol to the Convention on the Rights of Persons with Disabilities

The States Parties to this Protocol have agreed as follows:

Article 1

1. A State Party to this Protocol (“State Party”) recognizes the competence of the Committee on the Rights of Persons with Disabilities (“the Committee”) to receive and consider communications from individuals or groups of individuals subject to its jurisdiction who claim to be victims of a violation by that State Party provisions of the Convention, or on their behalf.

2. A communication shall not be accepted by the Committee if it concerns a State Party to the Convention which is not a Party to this Protocol.

Article 2

The Committee considers a communication inadmissible when:

a) the message is anonymous;

b) the communication constitutes an abuse of the right to make such communications or is inconsistent with the provisions of the Convention;

c) the same matter has already been considered by the Committee or has been or is being considered under another procedure of international investigation or settlement;

d) not all available internal remedies have been exhausted. This rule does not apply when the application of remedies is unreasonably prolonged or unlikely to have an effective effect;

e) it is manifestly unfounded or insufficiently substantiated, or

(f) The facts that are the subject of the communication occurred before the entry into force of this Protocol for the State Party concerned, unless those facts continued after that date.

Article 3

Subject to the provisions of article 2 of this Protocol, the Committee shall bring any communications submitted to it confidentially to the attention of the State Party. Within six months, the notified State shall submit to the Committee written explanations or statements specifying the issue or the remedy (if any) that may have been taken by that State.

Article 4

1. At any time between the receipt of a communication and the issuance of a determination on the merits, the Committee may transmit to the State Party concerned, for prompt consideration, a request that that State Party take such interim measures as may be necessary to avoid possible irreparable harm to the victim or victims alleged violation.

2. When the Committee exercises its discretion under paragraph 1 of this article, this does not mean that it has decided on the admissibility of the communication on the merits.

Article 5

When considering communications under this Protocol, the Committee shall meet in private. After examining the communication, the Committee sends its proposals and recommendations (if any) to the State party concerned and the complainant.

Article 6

1. If the Committee receives credible information indicating serious or systematic violations by a State Party of the rights enshrined in the Convention, it invites that State Party to cooperate in examining this information and, to this end, to submit comments on the relevant information.

2. Subject to any comments that may be submitted by the State Party concerned, as well as any other reliable information in its possession, the Committee may direct one or more of its members to investigate and report urgently to the Committee. Where justified and with the consent of the State Party, the investigation may include a visit to its territory.

3. After examining the results of such an investigation, the Committee shall transmit those results to the State Party concerned, together with any comments and recommendations.

4. Within six months of receipt of the results, comments and recommendations transmitted by the Committee, the State Party shall submit its observations to it.

5. Such an investigation is carried out in confidence, and at all stages of the process, the cooperation of the State party is expected.

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 this Protocol.

2. If necessary, the Committee may, after the expiration of the six-month period referred to in article 6, paragraph 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 signing, ratifying or acceding to this Protocol, 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 this Protocol.

Article 10

This Protocol shall be open for signature by States Signatories and Regional Integration Organizations at United Nations Headquarters in New York on 30 March 2007.

Article 11

This Protocol is subject to ratification by signatory States that have ratified or acceded to the Convention. It is subject to formal confirmation by signatory regional integration organizations that have formally confirmed or acceded to the Convention. It is open for accession by any State or regional integration organization that has ratified, formally confirmed or acceded to the Convention and that has not signed this Protocol.

Article 12

1. "Regional integration organization" means an organization established by the sovereign States of a particular region to which its member States have transferred competence in respect of matters governed by the Convention and this Protocol. Such organizations shall indicate 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 inform the depositary of any significant changes in the scope of their competence.

3. For the purposes of paragraph 1 of Article 13 and paragraph 2 of Article 15 of this Protocol, no instrument deposited by a regional integration organization shall count.

4. In matters within their competence, regional integration organizations may exercise their right to vote at a meeting of States Parties with a number of votes equal to the number of their member States which 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, this Protocol shall enter into force on the thirtieth day following the date of deposit of the tenth instrument of ratification or accession.

2. For each State or regional integration organization that ratifies, formally confirms or accedes to this Protocol after the tenth such instrument has been deposited, the Protocol shall enter into force on the thirtieth day after they have deposited their such instrument.

Article 14

1. Reservations inconsistent with the object and purpose of this Protocol are not permitted.

2. Reservations may be withdrawn at any time.

Article 15

1. Any State Party may propose an amendment to this Protocol and submit it to the Secretary-General of the United Nations. The Secretary-General shall communicate any proposed amendments to the States Parties, requesting that they notify him whether they favor a meeting of the States Parties to consider and decide on the proposals. In the event that, within four months from the date of such communication, at least one third of the States Parties favor such a meeting, the Secretary-General shall convene the meeting under the auspices of the United Nations. Any amendment approved by a two-thirds majority of the States Parties present and voting shall be submitted by the Secretary-General to the General Assembly of the United Nations for approval and then to all States Parties for acceptance.

2. An amendment approved and approved in accordance with paragraph 1 of this article shall enter into force on the thirtieth day after the number of instruments of acceptance deposited reaches two thirds of the number of States Parties on the date of approval of the amendment. Subsequently, the amendment shall enter into force for any State Party on the thirtieth day after that State Party has deposited its instrument of acceptance. An amendment shall be binding only on those States Parties which have accepted it.

Article 16

A State Party may denounce this Protocol by written notification to the Secretary-General of the United Nations. The denunciation shall take effect one year after the date of receipt by the Secretary General of such notification.

Article 17

The text of this Protocol shall be made available in accessible formats.

Article 18

The Arabic, Chinese, English, French, Russian and Spanish texts of this Protocol shall be equally authentic.

IN WITNESS WHEREOF, the undersigned Plenipotentiaries, being duly authorized thereto by their respective Governments, have signed this Protocol.

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