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Back = to: Eighth = Session of the=20 Ad Hoc Committee
Doc= uments of=20 the Eighth Session

United Nations

General Assembly

A/61/611
Distr.: General
6 = December=20 2006

Original: English
Languages: Fran=C3= =A7ais |=20 Espa=C3= =B1ol

Sixty-first session
Item 67 (b)
Human = rights=20 questions: human rights questions, including
alternative approaches = for=20 improving the effective enjoyment
of human rights and fundamental=20 freedoms

=E2=80=A2=20 Convention on the Rights of Persons with Disabilities

=E2=80=A2=20 Optional Protocol to the Convention

Convention on the Rights of Persons with = Disabilities=20

Preamble

The States Parties to the present Convention,

(a) Recalling the principles proclaimed in the Charter of = the=20 United Nations which recognize the inherent dignity and worth and the = equal=20 and inalienable rights of all members of the human family as the = foundation of=20 freedom, justice and peace in the world,

(b) Recognizing that the United Nations, in the Universal=20 Declaration of Human Rights and in the International Covenants on = Human=20 Rights, has proclaimed and agreed that everyone is entitled to all the = rights=20 and freedoms set forth therein, without distinction of any kind,

(c) Reaffirming the universality, indivisibility, = interdependence=20 and interrelatedness of all human rights and fundamental freedoms and = the need=20 for persons with disabilities to be guaranteed their full enjoyment = without=20 discrimination,

(d) Recalling the International Covenant on Economic, = Social and=20 Cultural Rights, the International Covenant on Civil and Political = Rights, the=20 International Convention on the Elimination of All Forms of Racial=20 Discrimination, the Convention on the Elimination of All Forms of=20 Discrimination against Women, the Convention against Torture and Other = Cruel,=20 Inhuman or Degrading Treatment or Punishment, the Convention on the = Rights of=20 the Child, and the International Convention on the Protection of the = Rights of=20 All Migrant Workers and Members of Their Families,

(e) Recognizing that disability is an evolving concept and = that=20 disability results from the interaction between persons with = impairments and=20 attitudinal and environmental barriers that hinders their full and = effective=20 participation in society on an equal basis with others,

(f) Recognizing the importance of the principles and = policy=20 guidelines contained in the World Programme of Action concerning = Disabled=20 Persons and in the Standard Rules on the Equalization of Opportunities = for=20 Persons with Disabilities in influencing the promotion, formulation = and=20 evaluation of the policies, plans, programmes and actions at the = national,=20 regional and international levels to further equalize opportunities = for=20 persons with disabilities,

(g) Emphasizing the importance of mainstreaming disability = issues=20 as an integral part of relevant strategies of sustainable = development,

(h) Recognizing also that discrimination against any = person on the=20 basis of disability is a violation of the inherent dignity and worth = of the=20 human person,

(i) Recognizing further the diversity of persons with=20 disabilities,

(j) Recognizing the need to promote and protect the human = rights=20 of all persons with disabilities, including those who require more = intensive=20 support,

(k) Concerned that, despite these various instruments and=20 undertakings, persons with disabilities continue to face barriers in = their=20 participation as equal members of society and violations of their = human rights=20 in all parts of the world,

(l) Recognizing the importance of international = cooperation for=20 improving the living conditions of persons with disabilities in every = country,=20 particularly in developing countries,

(m) Recognizing the valued existing and potential = contributions=20 made by persons with disabilities to the overall well-being and = diversity of=20 their communities, and that the promotion of the full enjoyment by = persons=20 with disabilities of their human rights and fundamental freedoms and = of full=20 participation by persons with disabilities will result in their = enhanced sense=20 of belonging and in significant advances in the human, social and = economic=20 development of society and the eradication of poverty,

(n) Recognizing the importance for persons with = disabilities of=20 their individual autonomy and independence, including the freedom to = make=20 their own choices,

(o) Considering that persons with disabilities should have = the=20 opportunity to be actively involved in decision-making processes about = policies and programmes, including those directly concerning them,

(p) Concerned about the difficult conditions faced by = persons with=20 disabilities who are subject to multiple or aggravated forms of = discrimination=20 on the basis of race, colour, sex, language, religion, political or = other=20 opinion, national, ethnic, indigenous or social origin, property, = birth, age=20 or other status,

(q) Recognizing that women and girls with disabilities are = often=20 at greater risk, both within and outside the home of violence, injury = or=20 abuse, neglect or negligent treatment, maltreatment or = exploitation,

(r) Recognizing that children with disabilities should = have full=20 enjoyment of all human rights and fundamental freedoms on an equal = basis with=20 other children, and recalling obligations to that end undertaken by = States=20 Parties to the Convention on the Rights of the Child,

(s) Emphasizing the need to incorporate a gender = perspective in=20 all efforts to promote the full enjoyment of human rights and = fundamental=20 freedoms by persons with disabilities,

(t) Highlighting the fact that the majority of persons = with=20 disabilities live in conditions of poverty, and in this regard = recognizing the=20 critical need to address the negative impact of poverty on persons = with=20 disabilities,

(u) Bearing in mind that conditions of peace and security = based on=20 full respect for the purposes and principles contained in the Charter = of the=20 United Nations and observance of applicable human rights instruments = are=20 indispensable for the full protection of persons with disabilities, in = particular during armed conflicts and foreign occupation,

(v) Recognizing the importance of accessibility to the = physical,=20 social, economic and cultural environment, to health and education and = to=20 information and communication, in enabling persons with disabilities = to fully=20 enjoy all human rights and fundamental freedoms,

(w) Realizing that the individual, having duties to other=20 individuals and to the community to which he or she belongs, is under = a=20 responsibility to strive for the promotion and observance of the = rights=20 recognized in the International Bill of Human Rights,

(x) Convinced that the family is the natural and = fundamental group=20 unit of society and is entitled to protection by society and the = State, and=20 that persons with disabilities and their family members should receive = the=20 necessary protection and assistance to enable families to contribute = towards=20 the full and equal enjoyment of the rights of persons with = disabilities,

(y) Convinced that a comprehensive and integral = international=20 convention to promote and protect the rights and dignity of persons = with=20 disabilities will make a significant contribution to redressing the = profound=20 social disadvantage of persons with disabilities and promote their=20 participation in the civil, political, economic, social and cultural = spheres=20 with equal opportunities, in both developing and developed = countries,

Have agreed as follows:

Article 1
Purpose

The purpose of the present Convention is to promote, protect and = ensure the=20 full and equal enjoyment of all human rights and fundamental freedoms = by all=20 persons with disabilities, and to promote respect for their inherent=20 dignity.

Persons with disabilities include those who have long-term = physical,=20 mental, intellectual or sensory impairments which in interaction with = various=20 barriers may hinder their full and effective participation in society = on an=20 equal basis with others.

Article 2
Definitions

For the purposes of the present Convention:

=E2=80=9CCommunication=E2=80=9D includes languages, display of = text, Braille, tactile=20 communication, large print, accessible multimedia as well as written, = audio,=20 plain-language, human-reader and augmentative and alternative modes, = means and=20 formats of communication, including accessible information and = communication=20 technology;

=E2=80=9CLanguage=E2=80=9D includes spoken and signed languages and = other forms of non=20 spoken languages;

=E2=80=9CDiscrimination on the basis of disability=E2=80=9D means = any distinction,=20 exclusion or restriction on the basis of disability which has the = purpose or=20 effect of impairing or nullifying the recognition, enjoyment or = exercise, on=20 an equal basis with others, of all human rights and fundamental = freedoms in=20 the political, economic, social, cultural, civil or any other field. = It=20 includes all forms of discrimination, including denial of reasonable=20 accommodation;

=E2=80=9CReasonable accommodation=E2=80=9D means necessary and = appropriate modification and=20 adjustments not imposing a disproportionate or undue burden, where = needed in a=20 particular case, to ensure to persons with disabilities the enjoyment = or=20 exercise on an equal basis with others of all human rights and = fundamental=20 freedoms;

=E2=80=9CUniversal design=E2=80=9D means the design of products, = environments, programmes=20 and services to be usable by all people, to the greatest extent = possible,=20 without the need for adaptation or specialized design. = =E2=80=9CUniversal design=E2=80=9D=20 shall not exclude assistive devices for particular groups of persons = with=20 disabilities where this is needed.

Article 3
General principles

The principles of the present Convention shall be:

(a) Respect for inherent dignity, individual autonomy including the = freedom=20 to make one=E2=80=99s own choices, and independence of persons;

(b) Non-discrimination;

(c) Full and effective participation and inclusion in society;

(d) Respect for difference and acceptance of persons with = disabilities as=20 part of human diversity and humanity;

(e) Equality of opportunity;

(f) Accessibility;

(g) Equality between men and women;

(h) Respect for the evolving capacities of children with = disabilities and=20 respect for the right of children with disabilities to preserve their=20 identities.

Article 4
General obligations

1. States Parties undertake to ensure and promote the full = realization of=20 all human rights and fundamental freedoms for all persons with = disabilities=20 without discrimination of any kind on the basis of disability. To this = end,=20 States Parties undertake:

(a) To adopt all appropriate legislative, administrative and other = measures=20 for the implementation of the rights recognized in the present = Convention;

(b) To take all appropriate measures, including legislation, to = modify or=20 abolish existing laws, regulations, customs and practices that = constitute=20 discrimination against persons with disabilities;

(c) To take into account the protection and promotion of the human = rights=20 of persons with disabilities in all policies and programmes;

(d) To refrain from engaging in any act or practice that is = inconsistent=20 with the present Convention and to ensure that public authorities and=20 institutions act in conformity with the present Convention;

(e) To take all appropriate measures to eliminate discrimination on = the=20 basis of disability by any person, organization or private = enterprise;

(f) To undertake or promote research and development of universally = designed goods, services, equipment and facilities, as defined in = article 2 of=20 the present Convention, which should require the minimum possible = adaptation=20 and the least cost to meet the specific needs of a person with = disabilities,=20 to promote their availability and use, and to promote universal design = in the=20 development of standards and guidelines;

(g) To undertake or promote research and development of, and to = promote the=20 availability and use of new technologies, including information and=20 communications technologies, mobility aids, devices and assistive=20 technologies, suitable for persons with disabilities, giving priority = to=20 technologies at an affordable cost;

(h) To provide accessible information to persons with disabilities = about=20 mobility aids, devices and assistive technologies, including new = technologies,=20 as well as other forms of assistance, support services and = facilities;

(i) To promote the training of professionals and staff working with = persons=20 with disabilities in the rights recognized in this Convention so as to = better=20 provide the assistance and services guaranteed by those rights.

2. With regard to economic, social and cultural rights, each State = Party=20 undertakes to take measures to the maximum of its available resources = and,=20 where needed, within the framework of international cooperation, with = a view=20 to achieving progressively the full realization of these rights, = without=20 prejudice to those obligations contained in the present Convention = that are=20 immediately applicable according to international law.

3. In = the=20 development and implementation of legislation and policies to = implement the=20 present Convention, and in other decision-making processes concerning = issues=20 relating to persons with disabilities, States Parties shall closely = consult=20 with and actively involve persons with disabilities, including = children with=20 disabilities, through their representative organizations.

4. Nothing in the present Convention shall affect any provisions = which are=20 more conducive to the realization of the rights of persons with = disabilities=20 and which may be contained in the law of a State Party or = international law in=20 force for that State. There shall be no restriction upon or derogation = from=20 any of the human rights and fundamental freedoms recognized or = existing in any=20 State Party to the present Convention pursuant to law, conventions, = regulation=20 or custom on the pretext that the present Convention does not = recognize such=20 rights or freedoms or that it recognizes them to a lesser extent.

5. The provisions of the present Convention shall extend to all = parts of=20 federal states without any limitations or exceptions.

Article 5
Equality and non-discrimination

1. States Parties recognize that all persons are equal before and = under the=20 law and are entitled without any discrimination to the equal = protection and=20 equal benefit of the law.

2. States Parties shall prohibit all discrimination on the basis of = disability and guarantee to persons with disabilities equal and = effective=20 legal protection against discrimination on all grounds.

3. In order to promote equality and eliminate discrimination, = States=20 Parties shall take all appropriate steps to ensure that reasonable=20 accommodation is provided.

4. Specific measures which are necessary to accelerate or achieve = de facto=20 equality of persons with disabilities shall not be considered = discrimination=20 under the terms of the present Convention.

Article 6
Women with disabilities

1. States Parties recognize that women and girls with disabilities = are=20 subject to multiple discrimination, and in this regard shall take = measures to=20 ensure the full and equal enjoyment by them of all human rights and=20 fundamental freedoms.

2. States Parties shall take all appropriate measures to ensure the = full=20 development, advancement and empowerment of women, for the purpose of=20 guaranteeing them the exercise and enjoyment of the human rights and=20 fundamental freedoms set out in the present Convention.

Article 7
Children with disabilities

1. States Parties shall take all necessary measures to ensure the = full=20 enjoyment by children with disabilities of all human rights and = fundamental=20 freedoms on an equal basis with other children.

2. In all actions concerning children with disabilities, the best = interests=20 of the child shall be a primary consideration.

3. States Parties shall ensure that children with disabilities have = the=20 right to express their views freely on all matters affecting them, = their views=20 being given due weight in accordance with their age and maturity, on = an equal=20 basis with other children, and to be provided with disability and=20 age-appropriate assistance to realize that right.

Article 8
Awareness-raising

1. States Parties undertake to adopt immediate, effective and = appropriate=20 measures:

(a) To raise awareness throughout society, including at the family = level,=20 regarding persons with disabilities, and to foster respect for the = rights and=20 dignity of persons with disabilities;

(b) To combat stereotypes, prejudices and harmful practices = relating to=20 persons with disabilities, including those based on sex and age, in = all areas=20 of life;

(c) To promote awareness of the capabilities and contributions of = persons=20 with disabilities.

2. Measures to this end include:

(a) Initiating and maintaining effective public awareness campaigns = designed:

(i) To nurture receptiveness to the rights of persons with=20 disabilities;
(ii) To promote positive perceptions and greater = social=20 awareness towards persons with disabilities;
(iii) To promote = recognition=20 of the skills, merits and abilities of persons with disabilities, and = of their=20 contributions to the workplace and the labour market;

(b) Fostering at all levels of the education system, including in = all=20 children from an early age, an attitude of respect for the rights of = persons=20 with disabilities;

(c) Encouraging all organs of the media to portray persons with=20 disabilities in a manner consistent with the purpose of the present=20 Convention;

(d) Promoting awareness-training programmes regarding persons with=20 disabilities and the rights of persons with disabilities.

Article 9
Accessibility

1. To enable persons with disabilities to live independently and=20 participate fully in all aspects of life, States Parties shall take=20 appropriate measures to ensure to persons with disabilities access, on = an=20 equal basis with others, to the physical environment, to = transportation, to=20 information and communications, including information and = communications=20 technologies and systems, and to other facilities and services open or = provided to the public, both in urban and in rural areas. These = measures,=20 which shall include the identification and elimination of obstacles = and=20 barriers to accessibility, shall apply to, inter alia:

(a) Buildings, roads, transportation and other indoor and outdoor=20 facilities, including schools, housing, medical facilities and = workplaces;=20

(b) Information, communications and other services, including=20 electronic services and emergency services.

2. States Parties shall also take appropriate measures to:

(a) Develop, promulgate and monitor the implementation of minimum = standards=20 and guidelines for the accessibility of facilities and services open = or=20 provided to the public;

(b) Ensure that private entities that = offer=20 facilities and services which are open or provided to the public take = into=20 account all aspects of accessibility for persons with disabilities;=20

(c) Provide training for stakeholders on accessibility issues = facing=20 persons with disabilities;

(d) Provide in buildings and other=20 facilities open to the public signage in Braille and in easy to read = and=20 understand forms;

(e) Provide forms of live assistance and=20 intermediaries, including guides, readers and professional sign = language=20 interpreters, to facilitate accessibility to buildings and other = facilities=20 open to the public;

(f) Promote other appropriate forms of = assistance=20 and support to persons with disabilities to ensure their access to=20 information;

(g) Promote access for persons with disabilities = to new=20 information and communications technologies and systems, including the = Internet;

(h) Promote the design, development, production and=20 distribution of accessible information and communications technologies = and=20 systems at an early stage, so that these technologies and systems = become=20 accessible at minimum cost.

Article 10
Right to life

States Parties reaffirm that every human being has the inherent = right to=20 life and shall take all necessary measures to ensure its effective = enjoyment=20 by persons with disabilities on an equal basis with others.

Article 11
Situations of risk and humanitarian=20 emergencies

States Parties shall take, in accordance with their obligations = under=20 international law, including international humanitarian law and = international=20 human rights law, all necessary measures to ensure the protection and = safety=20 of persons with disabilities in situations of risk, including = situations of=20 armed conflict, humanitarian emergencies and the occurrence of natural = disasters.

Article 12
Equal recognition before the law

1. States Parties reaffirm that persons with disabilities have the = right to=20 recognition everywhere as persons before the law.

2. States Parties shall recognize that persons with disabilities = enjoy=20 legal capacity on an equal basis with others in all aspects of life. =

3. States Parties shall take appropriate measures to provide access = by=20 persons with disabilities to the support they may require in = exercising their=20 legal capacity.

4. States Parties shall ensure that all measures that relate to the = exercise of legal capacity provide for appropriate and effective = safeguards to=20 prevent abuse in accordance with international human rights law. Such=20 safeguards shall ensure that measures relating to the exercise of = legal=20 capacity respect the rights, will and preferences of the person, are = free of=20 conflict of interest and undue influence, are proportional and = tailored to the=20 person=E2=80=99s circumstances, apply for the shortest time possible = and are subject=20 to regular review by a competent, independent and impartial authority = or=20 judicial body. The safeguards shall be proportional to the degree to = which=20 such measures affect the person=E2=80=99s rights and interests.

5. Subject to the provisions of this article, States Parties shall = take all=20 appropriate and effective measures to ensure the equal right of = persons with=20 disabilities to own or inherit property, to control their own = financial=20 affairs and to have equal access to bank loans, mortgages and other = forms of=20 financial credit, and shall ensure that persons with disabilities are = not=20 arbitrarily deprived of their property.

Article 13
Access to justice

1. States Parties shall ensure effective access to justice for = persons with=20 disabilities on an equal basis with others, including through the = provision of=20 procedural and age-appropriate accommodations, in order to facilitate = their=20 effective role as direct and indirect participants, including as = witnesses, in=20 all legal proceedings, including at investigative and other = preliminary=20 stages.

2. In order to help to ensure effective access to justice for = persons with=20 disabilities, States Parties shall promote appropriate training for = those=20 working in the field of administration of justice, including police = and prison=20 staff.

Article 14
Liberty and security of the = person

1. States Parties shall ensure that persons with disabilities, on = an equal=20 basis with others:

(a) Enjoy the right to liberty and security of person;

(b) = Are not=20 deprived of their liberty unlawfully or arbitrarily, and that any = deprivation=20 of liberty is in conformity with the law, and that the existence of a=20 disability shall in no case justify a deprivation of liberty.

2. States Parties shall ensure that if persons with disabilities = are=20 deprived of their liberty through any process, they are, on an equal = basis=20 with others, entitled to guarantees in accordance with international = human=20 rights law and shall be treated in compliance with the objectives and=20 principles of this Convention, including by provision of reasonable=20 accommodation.

Article 15
Freedom from torture or cruel, inhuman or = degrading=20 treatment
or punishment

1. No one shall be subjected to torture or to cruel, inhuman or = degrading=20 treatment or punishment. In particular, no one shall be subjected = without his=20 or her free consent to medical or scientific experimentation.

2. States Parties shall take all effective legislative, = administrative,=20 judicial or other measures to prevent persons with disabilities, on an = equal=20 basis with others, from being subjected to torture or cruel, inhuman = or=20 degrading treatment or punishment.

Article 16
Freedom from exploitation, violence and=20 abuse

1. States Parties shall take all appropriate legislative, = administrative,=20 social, educational and other measures to protect persons with = disabilities,=20 both within and outside the home, from all forms of exploitation, = violence and=20 abuse, including their gender-based aspects.

2. States Parties shall also take all appropriate measures to = prevent all=20 forms of exploitation, violence and abuse by ensuring, inter alia, = appropriate=20 forms of gender- and age-sensitive assistance and support for persons = with=20 disabilities and their families and caregivers, including through the=20 provision of information and education on how to avoid, recognize and = report=20 instances of exploitation, violence and abuse. States Parties shall = ensure=20 that protection services are age-, gender- and = disability-sensitive.

3. In order to prevent the occurrence of all forms of exploitation, = violence and abuse, States Parties shall ensure that all facilities = and=20 programmes designed to serve persons with disabilities are effectively = monitored by independent authorities.

4. States Parties shall take all appropriate measures to promote = the=20 physical, cognitive and psychological recovery, rehabilitation and = social=20 reintegration of persons with disabilities who become victims of any = form of=20 exploitation, violence or abuse, including through the provision of = protection=20 services. Such recovery and reintegration shall take place in an = environment=20 that fosters the health, welfare, self-respect, dignity and autonomy = of the=20 person and takes into account gender- and age-specific needs.

5. States Parties shall put in place effective legislation and = policies,=20 including women- and child-focused legislation and policies, to ensure = that=20 instances of exploitation, violence and abuse against persons with=20 disabilities are identified, investigated and, where appropriate,=20 prosecuted.

Article 17
Protecting the integrity of the = person

Every person with disabilities has a right to respect for his or = her=20 physical and mental integrity on an equal basis with others.

Article 18
Liberty of movement and = nationality

1. States Parties shall recognize the rights of persons with = disabilities=20 to liberty of movement, to freedom to choose their residence and to a=20 nationality, on an equal basis with others, including by ensuring that = persons=20 with disabilities:

(a) Have the right to acquire and change a nationality and are not = deprived=20 of their nationality arbitrarily or on the basis of = disability;

(b) Are=20 not deprived, on the basis of disability, of their ability to obtain, = possess=20 and utilize documentation of their nationality or other documentation = of=20 identification, or to utilize relevant processes such as immigration=20 proceedings, that may be needed to facilitate exercise of the right to = liberty=20 of movement;

(c) Are free to leave any country, including their own;

(d) Are not deprived, arbitrarily or on the basis of disability, of = the=20 right to enter their own country.

2. Children with disabilities shall be registered immediately after = birth=20 and shall have the right from birth to a name, the right to acquire a=20 nationality and, as far as possible, the right to know and be cared = for by=20 their parents.

Article 19
Living independently and being included in = the=20 community

States Parties to this Convention recognize the equal right of all = persons=20 with disabilities to live in the community, with choices equal to = others, and=20 shall take effective and appropriate measures to facilitate full = enjoyment by=20 persons with disabilities of this right and their full inclusion and=20 participation in the community, including by ensuring that:

(a) Persons with disabilities have the opportunity to choose their = place of=20 residence and where and with whom they live on an equal basis with = others and=20 are not obliged to live in a particular living arrangement;

(b) Persons with disabilities have access to a range of in-home,=20 residential and other community support services, including personal=20 assistance necessary to support living and inclusion in the community, = and to=20 prevent isolation or segregation from the community;

(c) = Community=20 services and facilities for the general population are available on an = equal=20 basis to persons with disabilities and are responsive to their = needs.

Article 20
Personal mobility

States Parties shall take effective measures to ensure personal = mobility=20 with the greatest possible independence for persons with disabilities, = including by:

(a) Facilitating the personal mobility of persons with disabilities = in the=20 manner and at the time of their choice, and at affordable = cost;

(b)=20 Facilitating access by persons with disabilities to quality mobility = aids,=20 devices, assistive technologies and forms of live assistance and=20 intermediaries, including by making them available at affordable = cost;

(c) Providing training in mobility skills to persons with = disabilities and=20 to specialist staff working with persons with disabilities;

(d) = Encouraging entities that produce mobility aids, devices and assistive = technologies to take into account all aspects of mobility for persons = with=20 disabilities.

Article 21
Freedom of expression and opinion, and access = to=20 information

States Parties shall take all appropriate measures to ensure that = persons=20 with disabilities can exercise the right to freedom of expression and = opinion,=20 including the freedom to seek, receive and impart information and = ideas on an=20 equal basis with others and through all forms of communication of = their=20 choice, as defined in article 2 of the present Convention, including = by:

(a) Providing information intended for the general public to = persons with=20 disabilities in accessible formats and technologies appropriate to = different=20 kinds of disabilities in a timely manner and without additional=20 cost;

(b) Accepting and facilitating the use of sign languages, = Braille, augmentative and alternative communication, and all other = accessible=20 means, modes and formats of communication of their choice by persons = with=20 disabilities in official interactions;

(c) Urging private = entities that=20 provide services to the general public, including through the = Internet, to=20 provide information and services in accessible and usable formats for = persons=20 with disabilities;

(d) Encouraging the mass media, including = providers=20 of information through the Internet, to make their services accessible = to=20 persons with disabilities;

(e) Recognizing and promoting the = use of=20 sign languages.

Article 22
Respect for privacy

1. No person with disabilities, regardless of place of residence or = living=20 arrangements, shall be subjected to arbitrary or unlawful interference = with=20 his or her privacy, family, home or correspondence or other types of=20 communication or to unlawful attacks on his or her honour and = reputation.=20 Persons with disabilities have the right to the protection of the law = against=20 such interference or attacks.

2. States Parties shall protect the privacy of personal, health and = rehabilitation information of persons with disabilities on an equal = basis with=20 others.

Article 23
Respect for home and the family

1. States Parties shall take effective and appropriate measures to=20 eliminate discrimination against persons with disabilities in all = matters=20 relating to marriage, family, parenthood and relationships, on an = equal basis=20 with others, so as to ensure that:

(a) The right of all persons with disabilities who are of = marriageable age=20 to marry and to found a family on the basis of free and full consent = of the=20 intending spouses is recognized;

(b) The rights of persons with disabilities to decide freely and=20 responsibly on the number and spacing of their children and to have = access to=20 age-appropriate information, reproductive and family planning = education are=20 recognized, and the means necessary to enable them to exercise these = rights=20 are provided;

(c) Persons with disabilities, including children, retain their = fertility=20 on an equal basis with others.

2. States Parties shall ensure the rights and responsibilities of = persons=20 with disabilities, with regard to guardianship, wardship, trusteeship, = adoption of children or similar institutions, where these concepts = exist in=20 national legislation; in all cases the best interests of the child = shall be=20 paramount. States Parties shall render appropriate assistance to = persons with=20 disabilities in the performance of their child-rearing = responsibilities.

3. States Parties shall ensure that children with disabilities have = equal=20 rights with respect to family life. With a view to realizing these = rights, and=20 to prevent concealment, abandonment, neglect and segregation of = children with=20 disabilities, States Parties shall undertake to provide early and=20 comprehensive information, services and support to children with = disabilities=20 and their families.

4. States Parties shall ensure that a child shall not be separated = from his=20 or her parents against their will, except when competent authorities = subject=20 to judicial review determine, in accordance with applicable law and=20 procedures, that such separation is necessary for the best interests = of the=20 child. In no case shall a child be separated from parents on the basis = of a=20 disability of either the child or one or both of the parents.

5. States Parties shall, where the immediate family is unable to = care for a=20 child with disabilities, undertake every effort to provide alternative = care=20 within the wider family, and failing that, within the community in a = family=20 setting.

Article 24
Education

1. States Parties recognize the right of persons with disabilities = to=20 education. With a view to realizing this right without discrimination = and on=20 the basis of equal opportunity, States Parties shall ensure an = inclusive=20 education system at all levels and life long learning directed to:

(a) The full development of human potential and sense of dignity = and=20 self-worth, and the strengthening of respect for human rights, = fundamental=20 freedoms and human diversity;

(b) The development by persons = with=20 disabilities of their personality, talents and creativity, as well as = their=20 mental and physical abilities, to their fullest potential;

(c) = Enabling=20 persons with disabilities to participate effectively in a free = society.

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

(a) Persons with disabilities are not excluded from the general = education=20 system on the basis of disability, and that children with disabilities = are not=20 excluded from free and compulsory primary education, or from secondary = education, on the basis of disability;

(b) Persons with = disabilities=20 can access an inclusive, quality and free primary education and = secondary=20 education on an equal basis with others in the communities in which = they=20 live;

(c) Reasonable accommodation of the individual=E2=80=99s = requirements is=20 provided;

(d) Persons with disabilities receive the support required, within = the=20 general education system, to facilitate their effective education;

(e) Effective individualized support measures are provided in = environments=20 that maximize academic and social development, consistent with the = goal of=20 full inclusion.

3. States Parties shall enable persons with disabilities to learn = life and=20 social development skills to facilitate their full and equal = participation in=20 education and as members of the community. To this end, States Parties = shall=20 take appropriate measures, including:

(a) Facilitating the learning of Braille, alternative script, = augmentative=20 and alternative modes, means and formats of communication and = orientation and=20 mobility skills, and facilitating peer support and mentoring;

(b) Facilitating the learning of sign language and the promotion of = the=20 linguistic identity of the deaf community;

(c) Ensuring that the education of persons, and in particular = children, who=20 are blind, deaf or deafblind, is delivered in the most appropriate = languages=20 and modes and means of communication for the individual, and in = environments=20 which maximize academic and social development.

4. In order to help ensure the realization of this right, States = Parties=20 shall take appropriate measures to employ teachers, including teachers = with=20 disabilities, who are qualified in sign language and/or Braille, and = to train=20 professionals and staff who work at all levels of education. Such = training=20 shall incorporate disability awareness and the use of appropriate = augmentative=20 and alternative modes, means and formats of communication, educational = techniques and materials to support persons with disabilities.

5. States Parties shall ensure that persons with disabilities are = able to=20 access general tertiary education, vocational training, adult = education and=20 lifelong learning without discrimination and on an equal basis with = others. To=20 this end, States Parties shall ensure that reasonable accommodation is = provided to persons with disabilities.

Article 25
Health

States Parties recognize that persons with disabilities have the = right to=20 the enjoyment of the highest attainable standard of health without=20 discrimination on the basis of disability. States Parties shall take = all=20 appropriate measures to ensure access for persons with disabilities to = health=20 services that are gender-sensitive, including health-related = rehabilitation.=20 In particular, States Parties shall:

(a) Provide persons with disabilities with the same range, quality = and=20 standard of free or affordable health care and programmes as provided = to other=20 persons, including in the area of sexual and reproductive health and=20 population-based public health programmes;

(b) Provide those = health=20 services needed by persons with disabilities specifically because of = their=20 disabilities, including early identification and intervention as = appropriate,=20 and services designed to minimize and prevent further disabilities, = including=20 among children and older persons;

(c) Provide these health = services as=20 close as possible to people=E2=80=99s own communities, including in = rural areas;=20

(d) Require health professionals to provide care of the same = quality=20 to persons with disabilities as to others, including on the basis of = free and=20 informed consent by, inter alia, raising awareness of the human = rights,=20 dignity, autonomy and needs of persons with disabilities through = training and=20 the promulgation of ethical standards for public and private health=20 care;

(e) Prohibit discrimination against persons with = disabilities in=20 the provision of health insurance, and life insurance where such = insurance is=20 permitted by national law, which shall be provided in a fair and = reasonable=20 manner;

(f) Prevent discriminatory denial of health care or = health=20 services or food and fluids on the basis of disability.

Article 26
Habilitation and rehabilitation

1. States Parties shall take effective and appropriate measures, = including=20 through peer support, to enable persons with disabilities to attain = and=20 maintain maximum independence, full physical, mental, social and = vocational=20 ability, and full inclusion and participation in all aspects of life. = To that=20 end, States Parties shall organize, strengthen and extend = comprehensive=20 habilitation and rehabilitation services and programmes, particularly = in the=20 areas of health, employment, education and social services, in such a = way that=20 these services and programmes:

(a) Begin at the earliest possible stage, and are based on the=20 multidisciplinary assessment of individual needs and = strengths;

(b)=20 Support participation and inclusion in the community and all aspects = of=20 society, are voluntary, and are available to persons with disabilities = as=20 close as possible to their own communities, including in rural = areas.

2. States Parties shall promote the development of initial and = continuing=20 training for professionals and staff working in habilitation and=20 rehabilitation services.

3. States Parties shall promote the availability, knowledge and use = of=20 assistive devices and technologies, designed for persons with = disabilities, as=20 they relate to habilitation and rehabilitation.

Article 27
Work and=20 employment

1. States Parties recognize the right of persons with disabilities = to work,=20 on an equal basis with others; this includes the right to the = opportunity to=20 gain a living by work freely chosen or accepted in a labour market and = work=20 environment that is open, inclusive and accessible to persons with=20 disabilities. States Parties shall safeguard and promote the = realization of=20 the right to work, including for those who acquire a disability during = the=20 course of employment, by taking appropriate steps, including through=20 legislation, to, inter alia:

(a) Prohibit discrimination on the basis of disability with regard = to all=20 matters concerning all forms of employment, including conditions of=20 recruitment, hiring and employment, continuance of employment, career=20 advancement and safe and healthy working conditions;

(b) = Protect the=20 rights of persons with disabilities, on an equal basis with others, to = just=20 and favourable conditions of work, including equal opportunities and = equal=20 remuneration for work of equal value, safe and healthy working = conditions,=20 including protection from harassment, and the redress of grievances;=20

(c) Ensure that persons with disabilities are able to exercise = their=20 labour and trade union rights on an equal basis with = others;

(d) Enable=20 persons with disabilities to have effective access to general = technical and=20 vocational guidance programmes, placement services and vocational and=20 continuing training;

(e) Promote employment opportunities and = career=20 advancement for persons with disabilities in the labour market, as = well as=20 assistance in finding, obtaining, maintaining and returning to = employment;=20

(f) Promote opportunities for self-employment, = entrepreneurship, the=20 development of cooperatives and starting one=E2=80=99s own = business;

(g) Employ=20 persons with disabilities in the public sector;

(h) Promote the = employment of persons with disabilities in the private sector through=20 appropriate policies and measures, which may include affirmative = action=20 programmes, incentives and other measures;

(i) Ensure that = reasonable=20 accommodation is provided to persons with disabilities in the = workplace;=20

(j) Promote the acquisition by persons with disabilities of = work=20 experience in the open labour market;

(k) Promote vocational = and=20 professional rehabilitation, job retention and return-to-work = programmes for=20 persons with disabilities.

2. States Parties shall ensure that persons with disabilities are = not held=20 in slavery or in servitude, and are protected, on an equal basis with = others,=20 from forced or compulsory labour.

Article 28
Adequate standard of living and social=20 protection

1. States Parties recognize the right of persons with disabilities = to an=20 adequate standard of living for themselves and their families, = including=20 adequate food, clothing and housing, and to the continuous improvement = of=20 living conditions, and shall take appropriate steps to safeguard and = promote=20 the realization of this right without discrimination on the basis of=20 disability.

2. States Parties recognize the right of persons with disabilities = to=20 social protection and to the enjoyment of that right without = discrimination on=20 the basis of disability, and shall take appropriate steps to safeguard = and=20 promote the realization of this right, including measures:

(a) To ensure equal access by persons with disabilities to clean = water=20 services, and to ensure access to appropriate and affordable services, = devices=20 and other assistance for disability-related needs;

(b) To = ensure access=20 by persons with disabilities, in particular women and girls with = disabilities=20 and older persons with disabilities, to social protection programmes = and=20 poverty reduction programmes;

(c) To ensure access by persons = with=20 disabilities and their families living in situations of poverty to = assistance=20 from the State with disability-related expenses, including adequate = training,=20 counselling, financial assistance and respite care;

(d) To = ensure=20 access by persons with disabilities to public housing = programmes;

(e)=20 To ensure equal access by persons with disabilities to retirement = benefits and=20 programmes.

Article 29
Participation in political and public=20 life

States Parties shall guarantee to persons with disabilities = political=20 rights and the opportunity to enjoy them on an equal basis with = others, and=20 shall undertake to:

(a) Ensure that persons with disabilities can effectively and fully = participate in political and public life on an equal basis with = others,=20 directly or through freely chosen representatives, including the right = and=20 opportunity for persons with disabilities to vote and be elected, = inter alia,=20 by:

(i) Ensuring that voting procedures, facilities and = materials are=20 appropriate, accessible and easy to understand and use;

(ii) = Protecting=20 the right of persons with disabilities to vote by secret ballot in = elections=20 and public referendums without intimidation, and to stand for = elections, to=20 effectively hold office and perform all public functions at all levels = of=20 government, facilitating the use of assistive and new technologies = where=20 appropriate;

(iii) Guaranteeing the free expression of the will = of=20 persons with disabilities as electors and to this end, where = necessary, at=20 their request, allowing assistance in voting by a person of their own=20 choice;

(b) Promote actively an environment in which persons = with=20 disabilities can effectively and fully participate in the conduct of = public=20 affairs, without discrimination and on an equal basis with others, and = encourage their participation in public affairs, including:

(i) = Participation in non-governmental organizations and associations = concerned=20 with the public and political life of the country, and in the = activities and=20 administration of political parties;

(ii) Forming and joining=20 organizations of persons with disabilities to represent persons with=20 disabilities at international, national, regional and local = levels.

Article 30
Participation in cultural life, recreation, = leisure=20 and sport

1. States Parties recognize the right of persons with disabilities = to take=20 part on an equal basis with others in cultural life, and shall take = all=20 appropriate measures to ensure that persons with disabilities:

(a) Enjoy access to cultural materials in accessible formats; =

(b)=20 Enjoy access to television programmes, films, theatre and other = cultural=20 activities, in accessible formats;

(c) Enjoy access to places = for=20 cultural performances or services, such as theatres, museums, cinemas, = libraries and tourism services, and, as far as possible, enjoy access = to=20 monuments and sites of national cultural importance.

2. States Parties shall take appropriate measures to enable persons = with=20 disabilities to have the opportunity to develop and utilize their = creative,=20 artistic and intellectual potential, not only for their own benefit, = but also=20 for the enrichment of society.

3. States Parties shall take all appropriate steps, in accordance = with=20 international law, to ensure that laws protecting intellectual = property rights=20 do not constitute an unreasonable or discriminatory barrier to access = by=20 persons with disabilities to cultural materials.

4. Persons with disabilities shall be entitled, on an equal basis = with=20 others, to recognition and support of their specific cultural and = linguistic=20 identity, including sign languages and deaf culture.

5. With a view to enabling persons with disabilities to participate = on an=20 equal basis with others in recreational, leisure and sporting = activities,=20 States Parties shall take appropriate measures:

(a) To encourage and promote the participation, to the fullest = extent=20 possible, of persons with disabilities in mainstream sporting = activities at=20 all levels;

(b) To ensure that persons with disabilities have = an=20 opportunity to organize, develop and participate in = disability-specific=20 sporting and recreational activities and, to this end, encourage the=20 provision, on an equal basis with others, of appropriate instruction, = training=20 and resources;

(c) To ensure that persons with disabilities = have=20 access to sporting, recreational and tourism venues;

(d) To = ensure=20 that children with disabilities have equal access with other children = to=20 participation in play, recreation and leisure and sporting activities, = including those activities in the school system;

(e) To ensure = that=20 persons with disabilities have access to services from those involved = in the=20 organization of recreational, tourism, leisure and sporting = activities.

Article 31
Statistics and data collection

1. States Parties undertake to collect appropriate information, = including=20 statistical and research data, to enable them to formulate and = implement=20 policies to give effect to the present Convention. The process of = collecting=20 and maintaining this information shall:

(a) Comply with legally established safeguards, including = legislation on=20 data protection, to ensure confidentiality and respect for the privacy = of=20 persons with disabilities;

(b) Comply with internationally = accepted=20 norms to protect human rights and fundamental freedoms and ethical = principles=20 in the collection and use of statistics.

2. The information collected in accordance with this article shall = be=20 disaggregated, as appropriate, and used to help assess the = implementation of=20 States Parties=E2=80=99 obligations under the present Convention and = to identify and=20 address the barriers faced by persons with disabilities in exercising = their=20 rights.

3. States Parties shall assume responsibility for the dissemination = of=20 these statistics and ensure their accessibility to persons with = disabilities=20 and others.

Article 32
International cooperation

1. States Parties recognize the importance of international = cooperation and=20 its promotion, in support of national efforts for the realization of = the=20 purpose and objectives of the present Convention, and will undertake=20 appropriate and effective measures in this regard, between and among = States=20 and, as appropriate, in partnership with relevant international and = regional=20 organizations and civil society, in particular organizations of = persons with=20 disabilities. Such measures could include, inter alia:

(a) Ensuring that international cooperation, including = international=20 development programmes, is inclusive of and accessible to persons with = disabilities;

(b) Facilitating and supporting = capacity-building,=20 including through the exchange and sharing of information, = experiences,=20 training programmes and best practices;

(c) Facilitating = cooperation in=20 research and access to scientific and technical knowledge;

(d) = Providing, as appropriate, technical and economic assistance, = including by=20 facilitating access to and sharing of accessible and assistive = technologies,=20 and through the transfer of technologies.

2. The provisions of this article are without prejudice to the = obligations=20 of each State Party to fulfil its obligations under the present=20 Convention.

Article 33
National implementation and = monitoring

1. States Parties, in accordance with their system of organization, = shall=20 designate one or more focal points within government for matters = relating to=20 the implementation of the present Convention, and shall give due = consideration=20 to the establishment or designation of a coordination mechanism within = government to facilitate related action in different sectors and at = different=20 levels.

2. States Parties shall, in accordance with their legal and = administrative=20 systems, maintain, strengthen, designate or establish within the State = Party,=20 a framework, including one or more independent mechanisms, as = appropriate, to=20 promote, protect and monitor implementation of the present Convention. = When=20 designating or establishing such a mechanism, States Parties shall = take into=20 account the principles relating to the status and functioning of = national=20 institutions for protection and promotion of human rights.

3. Civil society, in particular persons with disabilities and their = representative organizations, shall be involved and participate fully = in the=20 monitoring process.

Article 34
Committee on the Rights of Persons with=20 Disabilities

1. There shall be established a Committee on the Rights of Persons = with=20 Disabilities (hereafter referred to as =E2=80=9Cthe = Committee=E2=80=9D), which shall carry out=20 the functions hereinafter provided.

2. The Committee shall consist, at the time of entry into force of = the=20 present Convention, of twelve experts. After an additional sixty = ratifications=20 or accessions to the Convention, the membership of the Committee shall = increase by six members, attaining a maximum number of eighteen = members.

3. The members of the Committee shall serve in their personal = capacity and=20 shall be of high moral standing and recognized competence and = experience in=20 the field covered by the present Convention. When nominating their = candidates,=20 States Parties are invited to give due consideration to the provision = set out=20 in article 4.3 of the present Convention.

4. The members of the Committee shall be elected by States Parties, = consideration being given to equitable geographical distribution,=20 representation of the different forms of civilization and of the = principal=20 legal systems, balanced gender representation and participation of = experts=20 with disabilities.

5. The members of the Committee shall be elected by secret ballot = from a=20 list of persons nominated by the States Parties from among their = nationals at=20 meetings of the Conference of States Parties. At those meetings, for = which two=20 thirds of States Parties shall constitute a quorum, the persons = elected to the=20 Committee shall be those who obtain the largest number of votes and an = absolute majority of the votes of the representatives of States = Parties=20 present and voting.

6. The initial election shall be held no later than six months = after the=20 date of entry into force of the present Convention. At least four = months=20 before the date of each election, the Secretary-General of the United = Nations=20 shall address a letter to the States Parties inviting them to submit = the=20 nominations within two months. The Secretary-General shall = subsequently=20 prepare a list in alphabetical order of all persons thus nominated, = indicating=20 the State Parties which have nominated them, and shall submit it to = the States=20 Parties to the present Convention.

7. The members of the Committee shall be elected for a term of four = years.=20 They shall be eligible for re-election once. However, the term of six = of the=20 members elected at the first election shall expire at the end of two = years;=20 immediately after the first election, the names of these six members = shall be=20 chosen by lot by the chairperson of the meeting referred to in = paragraph 5 of=20 this article.

8. The election of the six additional members of the Committee = shall be=20 held on the occasion of regular elections, in accordance with the = relevant=20 provisions of this article.

9. If a member of the Committee dies or resigns or declares that = for any=20 other cause she or he can no longer perform her or his duties, the = State Party=20 which nominated the member shall appoint another expert possessing the = qualifications and meeting the requirements set out in the relevant = provisions=20 of this article, to serve for the remainder of the term.

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

11. The Secretary-General of the United Nations shall provide the = necessary=20 staff and facilities for the effective performance of the functions of = the=20 Committee under the present Convention, and shall convene its initial = meeting.=20

12. With the approval of the General Assembly, the members of the = Committee=20 established under the present Convention shall receive emoluments from = United=20 Nations resources on such terms and conditions as the Assembly may = decide,=20 having regard to the importance of the Committee=E2=80=99s = responsibilities.

13. The members of the Committee shall be entitled to the = facilities,=20 privileges and immunities of experts on mission for the United Nations = as laid=20 down in the relevant sections of the Convention on the Privileges and=20 Immunities of the United Nations.

Article 35
Reports by States Parties

1. Each State Party shall submit to the Committee, through the=20 Secretary-General of the United Nations, a comprehensive report on = measures=20 taken to give effect to its obligations under the present Convention = and on=20 the progress made in that regard, within two years after the entry = into force=20 of the present Convention for the State Party concerned.

2. Thereafter, States Parties shall submit subsequent reports at = least=20 every four years and further whenever the Committee so requests.

3. The Committee shall decide any guidelines applicable to the = content of=20 the reports.

4. A State Party which has submitted a comprehensive initial report = to the=20 Committee need not, in its subsequent reports, repeat information = previously=20 provided. When preparing reports to the Committee, States Parties are = invited=20 to consider doing so in an open and transparent process and to give = due=20 consideration to the provision set out in article 4.3 of the present=20 Convention.

5. Reports may indicate factors and difficulties affecting the = degree of=20 fulfilment of obligations under the present Convention.

Article 36
Consideration of reports

1. Each report shall be considered by the Committee, which shall = make such=20 suggestions and general recommendations on the report as it may = consider=20 appropriate and shall forward these to the State Party concerned. The = State=20 Party may respond with any information it chooses to the Committee. = The=20 Committee may request further information from States Parties relevant = to the=20 implementation of the present Convention.

2. If a State Party is significantly overdue in the submission of a = report,=20 the Committee may notify the State Party concerned of the need to = examine the=20 implementation of the present Convention in that State Party, on the = basis of=20 reliable information available to the Committee, if the relevant = report is not=20 submitted within three months following the notification. The = Committee shall=20 invite the State Party concerned to participate in such examination. = Should=20 the State Party respond by submitting the relevant report, the = provisions of=20 paragraph 1 of this article will apply.

3. The Secretary-General of the United Nations shall make available = the=20 reports to all States Parties.

4. States Parties shall make their reports widely available to the = public=20 in their own countries and facilitate access to the suggestions and = general=20 recommendations relating to these reports.

5. The Committee shall transmit, as it may consider appropriate, to = the=20 specialized agencies, funds and programmes of the United Nations, and = other=20 competent bodies, reports from States Parties in order to address a = request or=20 indication of a need for technical advice or assistance contained = therein,=20 along with the Committee=E2=80=99s observations and recommendations, = if any, on these=20 requests or indications.

Article 37
Cooperation between States Parties and the = Committee=20

1. Each State Party shall cooperate with the Committee and assist = its=20 members in the fulfilment of their mandate.

2. In its relationship with States Parties, the Committee shall = give due=20 consideration to ways and means of enhancing national capacities for = the=20 implementation of the present Convention, including through = international=20 cooperation.

Article 38
Relationship of the Committee with other = bodies=20

In order to foster the effective implementation of the present = Convention=20 and to encourage international cooperation in the field covered by the = present=20 Convention:

(a) The specialized agencies and other United Nations organs shall = be=20 entitled to be represented at the consideration of the implementation = of such=20 provisions of the present Convention as fall within the scope of their = mandate. The Committee may invite the specialized agencies and other = competent=20 bodies as it may consider appropriate to provide expert advice on the=20 implementation of the Convention in areas falling within the scope of = their=20 respective mandates. The Committee may invite specialized agencies and = other=20 United Nations organs to submit reports on the implementation of the=20 Convention in areas falling within the scope of their activities; =

(b)=20 The Committee, as it discharges its mandate, shall consult, as = appropriate,=20 other relevant bodies instituted by international human rights = treaties, with=20 a view to ensuring the consistency of their respective reporting = guidelines,=20 suggestions and general recommendations, and avoiding duplication and = overlap=20 in the performance of their functions.

Article 39
Report of the Committee

The Committee shall report every two years to the General Assembly = and to=20 the Economic and Social Council on its activities, and may make = suggestions=20 and general recommendations based on the examination of reports and=20 information received from the States Parties. Such suggestions and = general=20 recommendations shall be included in the report of the Committee = together with=20 comments, if any, from States Parties.

Article 40
Conference of States Parties

1. The States Parties shall meet regularly in a Conference of = States=20 Parties in order to consider any matter with regard to the = implementation of=20 the present Convention.

2. No later than six months after the entry into force of the = present=20 Convention, the Conference of the States Parties shall be convened by = the=20 Secretary-General of the United Nations. The subsequent meetings shall = be=20 convened by the Secretary-General of the United Nations biennially or = upon the=20 decision of the Conference of States Parties.

Article 41
Depositary

The Secretary-General of the United Nations shall be the depositary = of the=20 present Convention.

Article 42
Signature

The present Convention shall be open for signature by all States = and by=20 regional integration organizations at United Nations Headquarters in = New York=20 as of 30 March 2007.

Article 43
Consent to be bound

The present Convention shall be subject to ratification by = signatory States=20 and to formal confirmation by signatory regional integration = organizations. It=20 shall be open for accession by any State or regional integration = organization=20 which has not signed the Convention.

Article 44
Regional integration organizations =

1. =E2=80=9CRegional integration organization=E2=80=9D shall mean = an organization=20 constituted by sovereign States of a given region, to which its member = States=20 have transferred competence in respect of matters governed by this = Convention.=20 Such organizations shall declare, in their instruments of formal = confirmation=20 or accession, the extent of their competence with respect to matters = governed=20 by this Convention. Subsequently, they shall inform the depositary of = any=20 substantial modification in the extent of their competence.

2. References to =E2=80=9CStates Parties=E2=80=9D in the present = Convention shall apply to=20 such organizations within the limits of their competence.

3. For the purposes of article 45, paragraph 1, and article 47, = paragraphs=20 2 and 3, any instrument deposited by a regional integration = organization shall=20 not be counted.

4. Regional integration organizations, in matters within their = competence,=20 may exercise their right to vote in the Conference of States Parties, = with a=20 number of votes equal to the number of their member States that are = Parties to=20 this Convention. Such an organization shall not exercise its right to = vote if=20 any of its member States exercises its right, and vice versa.

Article 45
Entry into force

1. The present Convention shall enter into force on the thirtieth = day after=20 the deposit of the twentieth instrument of ratification or accession. =

2. For each State or regional integration organization ratifying, = formally=20 confirming or acceding to the Convention after the deposit of the = twentieth=20 such instrument, the Convention shall enter into force on the = thirtieth day=20 after the deposit of its own such instrument.

Article 46
Reservations

1. Reservations incompatible with the object and purpose of the = present=20 Convention shall not be permitted.

2. Reservations may be withdrawn at any time.

Article 47
Amendments

1. Any State Party may propose an amendment to the present = Convention and=20 submit it to the Secretary-General of the United Nations. The=20 Secretary-General shall communicate any proposed amendments to States = Parties,=20 with a request to be notified whether they favour a conference of = States=20 Parties for the purpose of considering and deciding upon the = proposals. In the=20 event that, within four months from the date of such communication, at = least=20 one third of the States Parties favour such a conference, the=20 Secretary-General shall convene the conference under the auspices of = the=20 United Nations. Any amendment adopted by a majority of two thirds of = the=20 States Parties present and voting shall be submitted by the = Secretary-General=20 to the General Assembly for approval and thereafter to all States = Parties for=20 acceptance.

2. An amendment adopted and approved in accordance with paragraph 1 = of this=20 article shall enter into force on the thirtieth day after the number = of=20 instruments of acceptance deposited reaches two thirds of the number = of States=20 Parties at the date of adoption of the amendment. Thereafter, the = amendment=20 shall enter into force for any State Party on the thirtieth day = following the=20 deposit of its own instrument of acceptance. An amendment shall be = binding=20 only on those States Parties which have accepted it.

3. If so decided by the Conference of States Parties by consensus, = an=20 amendment adopted and approved in accordance with paragraph 1 of this = article=20 which relates exclusively to articles 34, 38, 39 and 40 shall enter = into force=20 for all States Parties on the thirtieth day after the number of = instruments of=20 acceptance deposited reaches two thirds of the number of States = Parties at the=20 date of adoption of the amendment.

Article 48
Denunciation

A State Party may denounce the present Convention by written = notification=20 to the Secretary-General of the United Nations. The denunciation shall = become=20 effective one year after the date of receipt of the notification by = the=20 Secretary-General.

Article 49
Accessible format

The text of the present Convention shall be made available in = accessible=20 formats.

Article 50
Authentic texts

The Arabic, Chinese, English, French, Russian and Spanish texts of = the=20 present Convention shall be equally authentic.
In witness thereof = the=20 undersigned plenipotentiaries, being duly authorized thereto by their=20 respective Governments, have signed the present Convention.

Optional Protocol to the Convention on = the Rights=20 of Persons with Disabilities

The States Parties to the present Protocol have agreed as=20 follows:

Article 1

1. A State Party to the present Protocol (=E2=80=9CState = Party=E2=80=9D) recognizes the=20 competence of the Committee on the Rights of Persons with Disabilities = (=E2=80=9Cthe=20 Committee=E2=80=9D) to receive and consider communications from or on = behalf of=20 individuals or groups of individuals subject to its jurisdiction who = claim to=20 be victims of a violation by that State Party of the provisions of the = Convention.

2. No communication shall be received by the Committee if it = concerns a=20 State Party to the Convention that is not a party to the present = Protocol.=20

Article 2

The Committee shall consider a communication inadmissible when:

(a) The communication is anonymous;

(b) The communication constitutes an abuse of the right of = submission of=20 such communications or is incompatible with the provisions of the=20 Convention;

(c) The same matter has already been examined by the Committee or = has been=20 or is being examined under another procedure of international = investigation or=20 settlement;

(d) All available domestic remedies have not been=20 exhausted. This shall not be the rule where the application of the = remedies is=20 unreasonably prolonged or unlikely to bring effective relief; =

(e) It=20 is manifestly ill-founded or not sufficiently substantiated; or=20 when

(f) The facts that are the subject of the communication = occurred=20 prior to the entry into force of the present Protocol for the State = Party=20 concerned unless those facts continued after that date.

Article 3

Subject to the provisions of article 2 of the present Protocol, the = Committee shall bring any communications submitted to it = confidentially to the=20 attention of the State Party. Within six months, the receiving State = shall=20 submit to the Committee written explanations or statements clarifying = the=20 matter and the remedy, if any, that may have been taken by that State. =

Article 4

1. At any time after the receipt of a communication and before a=20 determination on the merits has been reached, the Committee may = transmit to=20 the State Party concerned for its urgent consideration a request that = the=20 State Party take such interim measures as may be necessary to avoid = possible=20 irreparable damage to the victim or victims of the alleged violation. =

2. Where the Committee exercises its discretion under paragraph 1 = of this=20 article, this does not imply a determination on admissibility or on = the merits=20 of the communication.

Article 5

The Committee shall hold closed meetings when examining = communications=20 under the present Protocol. After examining a communication, the = Committee=20 shall forward its suggestions and recommendations, if any, to the = State Party=20 concerned and to the petitioner.

Article 6

1. If the Committee receives reliable information indicating grave = or=20 systematic violations by a State Party of rights set forth in the = Convention,=20 the Committee shall invite that State Party to cooperate in the = examination of=20 the information and to this end submit observations with regard to the = information concerned.

2. Taking into account any observations that may have been = submitted by the=20 State Party concerned as well as any other reliable information = available to=20 it, the Committee may designate one or more of its members to conduct = an=20 inquiry and to report urgently to the Committee. Where warranted and = with the=20 consent of the State Party, the inquiry may include a visit to its=20 territory.

3. After examining the findings of such an inquiry, the Committee = shall=20 transmit these findings to the State Party concerned together with any = comments and recommendations.

4. The State Party concerned shall, within six months of receiving = the=20 findings, comments and recommendations transmitted by the Committee, = submit=20 its observations to the Committee.

5. Such an inquiry shall be conducted confidentially and the = cooperation of=20 the State Party shall be sought at all stages of the proceedings.

Article 7

1. The Committee may invite the State Party concerned to include in = its=20 report under article 35 of the Convention details of any measures = taken in=20 response to an inquiry conducted under article 6 of the present = Protocol.

2. The Committee may, if necessary, after the end of the period of = six=20 months referred to in article 6.4, invite the State Party concerned to = inform=20 it of the measures taken in response to such an inquiry.

Article 8

Each State Party may, at the time of signature or ratification of = the=20 present Protocol or accession thereto, declare that it does not = recognize the=20 competence of the Committee provided for in articles 6 and 7.

Article 9

The Secretary-General of the United Nations shall be the depositary = of the=20 present Protocol.

Article 10

The present Protocol shall be open for signature by signatory = States and=20 regional integration organizations of the Convention at United Nations = Headquarters in New York as of 30 March 2007.

Article 11

The present Protocol shall be subject to ratification by signatory = States=20 of this Protocol which have ratified or acceded to the Convention. It = shall be=20 subject to formal confirmation by signatory regional integration = organizations=20 of this Protocol which have formally confirmed or acceded to the = Convention.=20 It shall be open for accession by any State or regional integration=20 organization which has ratified, formally confirmed or acceded to the=20 Convention and which has not signed the Protocol.

Article 12

1. =E2=80=9CRegional integration organization=E2=80=9D shall mean = an organization=20 constituted by sovereign States of a given region, to which its member = States=20 have transferred competence in respect of matters governed by the = Convention=20 and this Protocol. Such organizations shall declare, in their = instruments of=20 formal confirmation or accession, the extent of their competence with = respect=20 to matters governed by the Convention and this Protocol. Subsequently, = they=20 shall inform the depositary of any substantial modification in the = extent of=20 their competence.

2. References to =E2=80=9CStates Parties=E2=80=9D in the present = Protocol shall apply to=20 such organizations within the limits of their competence.

3. For the purposes of article 13, paragraph 1, and article 15, = paragraph=20 2, any instrument deposited by a regional integration organization = shall not=20 be counted.

4. Regional integration organizations, in matters within their = competence,=20 may exercise their right to vote in the meeting of States Parties, = with a=20 number of votes equal to the number of their member States that are = Parties to=20 this Protocol. Such an organization shall not exercise its right to = vote if=20 any of its member States exercises its right, and vice versa.

Article 13

1. Subject to the entry into force of the Convention, the present = Protocol=20 shall enter into force on the thirtieth day after the deposit of the = tenth=20 instrument of ratification or accession.

2. For each State or regional integration organization ratifying, = formally=20 confirming or acceding to the Protocol after the deposit of the tenth = such=20 instrument, the Protocol shall enter into force on the thirtieth day = after the=20 deposit of its own such instrument.

Article 14

1. Reservations incompatible with the object and purpose of the = present=20 Protocol shall not be permitted.

2. Reservations may be withdrawn at any time.

Article 15

1. Any State Party may propose an amendment to the present Protocol = and=20 submit it to the Secretary-General of the United Nations. The=20 Secretary-General shall communicate any proposed amendments to States = Parties,=20 with a request to be notified whether they favour a meeting of States = Parties=20 for the purpose of considering and deciding upon the proposals. In the = event=20 that, within four months from the date of such communication, at least = one=20 third of the States Parties favour such a meeting, the = Secretary-General shall=20 convene the meeting under the auspices of the United Nations. Any = amendment=20 adopted by a majority of two thirds of the States Parties present and = voting=20 shall be submitted by the Secretary-General to the General Assembly = for=20 approval and thereafter to all States Parties for acceptance.

2. An amendment adopted and approved in accordance with paragraph 1 = of this=20 article shall enter into force on the thirtieth day after the number = of=20 instruments of acceptance deposited reaches two thirds of the number = of States=20 Parties at the date of adoption of the amendment. Thereafter, the = amendment=20 shall enter into force for any State Party on the thirtieth day = following the=20 deposit of its own instrument of acceptance. An amendment shall be = binding=20 only on those States Parties which have accepted it.

Article 16

A State Party may denounce the present Protocol by written = notification to=20 the Secretary-General of the United Nations. The denunciation shall = become=20 effective one year after the date of receipt of the notification by = the=20 Secretary-General.

Article 17

The text of the present Protocol shall be made available in = accessible=20 formats.

Article 18

The Arabic, Chinese, English, French, Russian and Spanish texts of = the=20 present Protocol shall be equally authentic.
In witness thereof the = undersigned plenipotentiaries, being duly authorized thereto by their=20 respective Governments, have signed the present Protocol.

Home | = Sitemap | = About = us | FAQs | = Contact=20 us

=C2=A9 United = Nations,=20 2007
Department of = Economic=20 and Social Affairs
Division=20 for Social Policy and=20 Development

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