CRPD in Plain Language
PREAMBLE
a. The founding documents of the UN say that we are all equal and we are all members of the human family which is important for freedom, fairness and peace in the world,
b. We are all equal and all of us have human rights,
c. We agree that people with disabilities must enjoy all human rights and fundamental freedoms and they must not be discriminated against,
d. There are seven other international agreements that promote and protect human rights,
e. We understand that disability is something that changes all the time and it is the environment and people’s attitudes that create disability,
f. It is important to keep in mind what the Standard Rules and the World Programme of Action are trying to achieve when trying to make laws, rules, decisions, programmes and practice better for people with disabilities,
g. It is very important to make sure that the situation of people with disabilities is always equally taken into consideration when governments and international organizations make plans about a country’s growth, for example, about how to get people out of poverty, or get them jobs,
h. We understand that when someone discriminates against people with disabilities, he or she takes away their dignity and value as human beings,
i. We also understand that there are many differences among people with disabilities and there are many types of disabilities,
j. We also understand that all people with disabilities must have their rights, including people with disabilities who need extra support,
k. We are worried that the rights of people with disabilities are still being taken away, even though there are agreements that protect their rights,
l. We understand that it is important that countries work with one another to make life better for people with disabilities, especially in poor countries,
m. We understand that people with disabilities help make countries better if they are fully included and their rights enjoyed,
n. We understand that it is very important that people with disabilities are free to make their own decisions,
o. We believe that people with disabilities should be included in the making of policies and programmes, especially those that are directly related to them,
p. We are worried because people with disabilities are not only discriminated because of their disabilities, but also because of race, sex, or for many other reasons,
q. We understand that many times, women and girls with disabilities are more often abused, beaten, injured or taken advantage of,
r. We understand that children with disabilities have the same rights as all other children, and that the international agreement on children’s rights also applies to them,
s. It is very important to make sure that both women’s situation and men’s situation are taken into account in everything that the country does for human rights of people with disabilities,
t. It is also very important to remember that most people with disabilities are poor, and it is necessary to find out what consequences that has for them,
u. We keep in mind that we must have peace and security to make sure people with disabilities can have their rights, especially when they live in war zones or in countries that are not run by their own government,
v. We understand how important it is for people with disabilities to be able to enjoy all areas of life, to have good health care, to go to school, to have the information they need, so that they can use their rights,
w. We understand that each of us also has the duty to make sure everyone else enjoys his/her rights,
x. We believe that the family is the main group in a society and that people with disabilities and their families should get the protection and help they need to be able to work for their human rights,
y. We believe that an Agreement that covers all areas of life will be very helpful in making lives of people with disabilities better and in making sure that people with disabilities are treated equally and equally included in all areas of life, and in poor and richer countries. Because of all the things listed, countries that decide to be part of the Agreement agree:
ARTICLE 1 PURPOSE
The reason why this Agreement is made is to make sure that the countries that agree to this Agreement (called “countries” in this document) will make sure that:
• All human rights and freedoms of all people with disabilities are enjoyed, promoted and protected;
• The dignity of people with disabilities is respected.
People with disabilities include those who have long-term impairments, for example, physical, psycho-social, intellectual and who cannot get involved in society because of different reasons, such as attitudes, language, stairs, and laws, which prevent people with disabilities from being included in society.
ARTICLE 2 DEFINITIONS
Communication – Means all ways of communicating, so that all people can communicate. For example, spoken language, sign language, text, Braille, touch, large print, written, audio, plain language, human reader and other ways that people with disabilities communicate.
“Language” – means all kinds of languages, spoken, signed, and other types of language that is not spoken.
“Discrimination on the basis of disability” – when people are excluded, shut out or prevented from doing things because of their disability. This can be in all areas of life.
“Reasonable Accommodation” – means that a person may need to have changes made, for example, to their home, or where they work, so they are able to enjoy their rights. If this is too expensive or too difficult then the changes may not be able to be made.
“Universal Design” – means that things are made, programmes created and places adapted so that they can be used by all people. Sometimes someone with a particular type of disability may need something specially made so they can enjoy their rights.
ARTICLE 3 GENERAL PRINCIPLES
This Agreement is about:
• Dignity
• Ability to choose
• Independence
• Non-discrimination
• Participation
• Full inclusion
• Respect for difference
• Acceptance of disability as part of everyday life
• Equality of opportunity
• Accessibility
• Equality of men and women
• Respect for children.
ARTICLE 4 GENERAL OBLIGATIONS
1. The countries promise to make sure that all human rights apply to all people, without discrimination because of disability. To fulfill this promise, they will:
a. Do what it takes to make sure that the rights from this Agreement are put into laws, policies, and practice in their country;
b. Take action: for example, adopt new laws and rules, change old rules and laws where necessary, and get rid of other laws and stop actions that discriminate against people with disabilities;
c. Make sure that the human rights of people with disabilities are included in all policies and programmes;
d. Not do things that do not support the Agreement, and make sure others respect the Agreement;
e. Take action to stop individuals, organizations or businesses from discriminating because of a person’s disability;
f. Work on and encourage the use of goods, services, equipment and facilities that can be used by all people with disabilities all over the world, at the smallest possible cost to the person;
g. Work on and encourage new technologies in all aspects of life that are useful for people with disabilities, especially those that are low cost;
h. Provide information about all types of assistance, including technologies, and other forms of assistance, in a way that can be understood by people with disabilities;
i. Promote trainings about the rights in this Agreement for those who work with people with disabilities to make sure they can work better with people with disabilities.
2. For economic, social and cultural rights, the countries will put into practice the laws and rules that relate to these rights as much as they can with resources they have. If need be, they can cooperate with other countries to put into practice these rights. All other rights must be put into practice right away.
3. When making laws and rules about this Agreement, the countries will talk to and involve people with disabilities, including children with disabilities, through the organizations that represent them.
4. This Agreement will not affect any laws or rules that are better for the rights of people with disabilities. Countries must not use the Agreement as an excuse to not put into practice human rights that already exist.
5. The Agreement will apply to the country as a whole.
ARTICLE 5 EQUALITY AND NON-DISCRIMINATION
1. The countries agree that all people with disabilities are equal before the law and protected by the law without any discrimination.
2. The countries agree that discrimination because of a disability will not be allowed and that people will be protected if there is such discrimination.
3. The countries will take action to make sure that if a person with a disability needs changes made to his/her environment to enjoy his/her rights, then those changes will be made.
4. Special actions, or actions that are needed for people with disabilities to become equal to others, are allowed. This type of special treatment is not discriminatory to people without disabilities.
ARTICLE 6 WOMEN WITH DISABILITIES
The countries agree that:
1. Women and girls with disabilities face all types of discrimination. Countries will make sure girls and women enjoy full and equal human rights and freedoms.
2. They will take action to support the growth and empowerment of women and guarantee that women with disabilities enjoy their rights.
ARTICLE 7 CHILDREN WITH DISABILITIES
The countries will:
1. Make sure that children with disabilities have the same rights as other children.
2. Make sure that what is best for the child is a priority whenever they do anything that concerns children.
3. Make sure that children with disabilities have the right to tell their opinion and that their opinion is taken into account. Make sure that children with disabilities get the help they need to tell their opinions.
ARTICLE 8 AWARENESS-RAISING
1. The countries agree that, without delay, they will:
a. Help families and all people in society be more aware of the issues facing people with disabilities. They will work to make sure that rights and dignity of people with disabilities are respected;
b. Fight against stereotypes and prejudices about people with disabilities;
Stereotypes are general and incorrect beliefs that some people have about people with disabilities. These beliefs are often damaging which leads to discrimination against people with disabilities.
c. Help people in society be aware of the capabilities of people with disabilities and how they can help the country grow.
2. The countries will also:
a. Make public campaigns about the rights of people with disabilities that:
i. Show that people with disabilities have the same rights as all people;
ii. Highlight disability in the community and change misunderstandings about disability;
iii. Show how people with disabilities help improve the workplace.
b. Make sure that schools and other places of learning teach respect for the rights of people with disabilities;
c. Encourage media (i.e. radio, television, newspapers and magazines) to show images of people with disabilities that promote the rights of people with disabilities;
d. Promote training programmes that will help people be aware of rights of people with disabilities.
ARTICLE 9 ACCESSIBILITY
1. The countries will eliminate barriers that people with disabilities face in buildings, the outdoors, transport, information, communication and services, in both cities and the countryside. This way people with disabilities can live independently and fully live their lives. They will make rules and put them into practice for:
a. Buildings, roads, transportation, indoor and outdoor objects, for example, schools, housing, hospitals, health centers, and workplaces;
b. Information, communications, and other things, for example, electronic services and emergency services.
2. The countries will also take action to:
a. Make, put in place, and oversee minimum standards for accessibility for places and services that are open to public;
b. Make sure that private businesses and organizations that are open to the public are accessible for people with disabilities;
c. Train people who are involved in accessibility issues on what people with disabilities need when it comes to accessibility;
d. Have Braille signs and easy to read and understand information in buildings open to the public;
e. Provide help, such as readers, sign language interpreters and guides, so people with disabilities can access buildings open to the public;
f. Provide other types of help as needed so people with disabilities can get access to information;
g. Promote access to new technologies for people with disabilities;
h. When looking for, and creating new technology, make sure that accessibility is taken into account early on, so that this technology can be made accessible at the smallest cost.
ARTICLE 10 RIGHT TO LIFE
The countries agree that all people with disabilities have the right to life and will take action to make sure people with disabilities can use this right.
ARTICLE 11 SITUATIONS OF RISK AND HUMANITARIAN EMERGENCIES
The countries agree that they will respect all other agreements they have entered into about war or human rights.
The countries will take action to make sure that in the case of war, natural catastrophies or other emergencies, people with disabilities are protected.
ARTICLE 12 EQUAL RECOGNITION AS A PERSON BEFORE THE LAW
The countries:
1. Agree that people with disabilities have the right to be recognised as people before the law.
2. Agree that people with disabilities are capable like all other people on legal issues in all areas of their lives.
3. Will take action to make sure that people with disabilities can get and use support if they need it to work on legal issues.
4. Agree that where people with disabilities need support on legal or financial issues:
• They will be protected from abuse;
• Their rights and their choices will be respected;
• People who give support will not pressure people with disabilities into making a decision;
• They get the help they need, only for the time they need it and only as much as they need;
• The courts will review the support received.
5. Agree and will make sure that people with disabilities:
• Have the right to own or get property;
• Have the right to control their money or other financial affairs;
• Have the same opportunities as other people to get bank loans, mortgages and credit;
• Cannot have property taken away without a reason.
ARTICLE 13 ACCESS TO JUSTICE
1. The countries will make sure that people with disabilities can access the justice system in their countries just like all other people.
They will make sure that any rules which say how things should be done are adapted so that people with disabilities can be productively involved in all stages of legal processes, for example, being a witness.
2. The countries will provide training for people working in the justice system, such as police and prison staff.
ARTICLE 14 LIBERTY AND SECURITY
1. The countries will:
a. Make sure that people with disabilities have the same right to liberty and security as all other people;
b. Make sure that people with disabilities do not have this right taken away from them without a reason, because they have a disability, or in a way that is against the law.
2. The countries will make sure that if a person has had his/her liberty taken, he/she will be protected by law. They will also make sure that changes are made to the individual’s environment if they are needed for that person to enjoy his or her human rights.
ARTICLE 15 FREEDOM FROM TORTURE OR CRUEL, INHUMAN OR DEGRADING TREATMENT OR Punishment
1. Nobody will be tortured, or be treated or punished in a cruel, inhuman or degrading way. Nobody will be forced to take part in medical or scientific experiments.
2. The countries agree to pass laws, and take other action to make sure that people with disabilities are protected from torture just like all other people.
ARTICLE 16 FREEDOM FROM EXPLOITATION, VIOLENCE AND ABUSE
The countries will:
1. Pass laws, and take other action to make sure people with disabilities are not exploited or abused, both inside and outside their home.
2. Take action to prevent exploitation of people with disabilities by giving help and appropriate information to make sure people with disabilities and their families are protected from abuse.
3. Make sure that institutions and programmes serving people with disabilities are regularly looked at to make sure there is no violence or abuse.
4. Support people with disabilities with their recovery and reintegration into society if they have been victims of violence and abuse.
5. Create laws and policies to investigate and punish people who abuse or mistreat people with disabilities. These laws and policies will make sure that the needs of women and children are included.
ARTICLE 17 PROTECTING INTEGRITY
People with disabilities have the same right as everyone else to be respected for their physical and mental whole.
ARTICLE 18 FREEDOM OF MOVEMENT AND NATIONALITY
1. The countries agree that people with disabilities have the same rights as others to move around in their country or between countries, to choose where they live and to have a nationality like all other people. They will make sure that people with disabilities:
a. Have the right to get and to change their nationality and that nobody can take away their nationality without a reason or because of a disability;
b. Cannot have their passports or other identification of nationality taken away without a reason, or because of a disability, and that they are allowed to try to move to another country;
c. Are free to leave their own country and any other country;
d. Cannot be stopped from entering their own country without a reason or because of a disability.
2. Children with disabilities will be registered immediately after they are born. They will have the right to a name, to a nationality and, as much as possible, the right to know their parents, and be raised by their own parents.
ARTICLE 19 LIVING INDEPENDENTLY AND BEING INCLUDED IN THE COMMUNITY
The countries agree that all people with disabilities have the same right as anyone else to live in the community and to be fully included and participating in the community. This includes making sure that people with disabilities:
a. Have the same opportunities as other people to choose who they live with, where they live, and are not forced to live in institutions or in other living arrangements that they do not like;
b. Have a range of choices on where and how to live in the community, including personal assistance, to help with inclusion and living in the community and preventing people with disabilities from being isolated;
c. People with disabilities can use community services that are available to the public, which may need to be adapted to a particular person’s needs.
ARTICLE 20 PERSONAL MOBILITY
The countries will make sure that people with disabilities can move around with the greatest possible independence, including:
a. Assisting people to move around in the way they choose and at a cost that they can afford;
b. Assisting people with disabilities to access mobility aids and technology, including making sure they do not cost a lot;
c. Providing training in mobility skills for people with disabilities and staff working with them;
d. Encouraging those that produce mobility aids and technology to take into account all aspects of movement.
ARTICLE 21 FREEDOM OF EXPRESSION AND OPINION AND ACCESS TO INFORMATION
The countries will make sure that people with disabilities have the right to say what they think through Braille, sign language or other types of communication that they choose.
The countries will make sure people with disabilities have the same right as other people to give and receive information, including:
a. Providing information intended for the general public to people with disabilities in formats that are adequate for them without extra cost (for example, Braille);
b. Accepting the use of different ways people with disabilities communicate in official situations;
c. Encouraging private businesses and organizations that serve the public to make their services more accessible for people with disabilities;
d. Encouraging the media to make their information accessible to people with disabilities;
e. Agreeing to, and promoting the use of sign language.
ARTICLE 22 RESPECT FOR PRIVACY
The countries will:
1. Make sure that nobody gets involved in the private life of people with disabilities without a reason, or in a way that is against the law. They will make sure that nobody illegally attacks the honour and reputation of people with disabilities. People with disabilities have the right to be protected by the law from such attacks.
2. Protect the confidentiality of personal, health and rehabilitation information of people with disabilities, in the same way that other people’s information is protected.
ARTICLE 23 RESPECT FOR HOME AND THE FAMILY
1. The countries will take action to stop discrimination against people with disabilities when it comes to marriage and family relations, to make sure that:
a. People with disabilities have the same right as other people to marry and have a family;
b. People with disabilities have the same rights as other people to have children, to decide how many children to have, and when to have them. They should get information and be educated on reproduction and family planning; and they should get help to understand this information;
c. People with disabilities have the same right as everyone else to keep their fertility.
2. The countries will make sure that people with disabilities have the rights and responsibilities related to guardianship and adoption of children, with the most important issue being the child(ren)’s interest. They will give support to people with disabilities in accomplishing responsibilities related to raising their children.
3. The countries will make sure children with disabilities have the same rights as everyone else to a family life. From an early stage the countries will provide the information, services and support to children with disabilities and their families.
4. The child must not be taken away from his/her parents against his/her will, unless it is in the best interests of the child and is done legally. The child cannot be separated from parents because of the parent’s or the child’s disability.
5. Where close family (for example parents, brother or sister) cannot care for a child with a disability, they will look first at the wider family, and then the local community to provide care for the child.
ARTICLE 24 EDUCATION
1. The countries agree that all people with disabilities have the right to education. They will make sure that the education system, at all levels, includes people with disabilities, and that the educational system:
a. Works to make sure everyone develops their human potential, sense of dignity and self worth, and respect for human rights, freedoms and diversity;
b. Works to develop the person’s personality and talents to their fullest potential;
c. Works to make sure all people with disabilities can be involved in society.
2. To do this, the countries will make sure that:
a. People with disabilities are not excluded from education because of their disability, and children with disabilities are not excluded from free and compulsory primary and secondary education because of their disability;
b. All people with disabilities can choose education that includes them, is accessible and is in their own community;
c. Reasonable changes are made to make sure that people with disabilities get the most out of their education;
d. People with disabilities get the help they need to get the most out of their education;
e. The help for students with disabilities is given so that their individual needs are met.
3. The countries will make it possible for people with disabilities to learn social and life skills that they need to go to schools and be in the community. They will do this by:
a. Arranging that students with disabilities learn Braille or other types of communication, and that they get peer support and mentoring;
b. Teaching sign language;
c. Making sure that especially children who are blind, deaf or deafblind are educated in the most appropriate types of communication so that they get the most out of their education.
4. To help make sure that these rights are put into practice, the countries will hire teachers who are people with disabilities, teachers who are qualified in Braille and sign languages, and will train teachers and staff at all levels of education on how to give quality education to people with disabilities.
5. Countries will make sure that people with disabilities have equal access to vocational training, study in universities and lifelong learning like all other people, and will make any changes needed to make that happen.
ARTICLE 25 HEALTH
The countries recognise that all people with disabilities have the same right to quality health care, without discrimination because of disability.
The countries will make sure that health and health-related rehabilitation services are available, including:
a. Making sure that people with disabilities get the same variety, quality and standard of free and affordable health care as other people;
b. Making sure that people with disabilities can get services they need because of their disability and to protect them from further disability;
c. Having health services in peoples’ own communities;
d. Insisting that health workers give the same quality care to people with disabilities as to others, for example, only if the person agrees and has been told about their rights—achieved through trainings and by making ethical standards for health care;
e. Stopping discrimination against people with disabilities when it comes to health insurance and life insurance, and making sure that such insurance is provided fairly;
f. Making sure that people with disabilities will not be discriminated against and denied health care or health services or food and fluids because of their disability.
ARTICLE 26 HABILITATION AND REHABILITATION
1. The countries will take action, for example by promoting peer support, to make it possible for people with disabilities to enjoy maximum independence, full abilities and that they can be fully involved in all aspects of life. To make sure this happens, the countries will make available services that cover all areas of life, both in habilitation and rehabilitation, so that they:
a. Begin as early as possible, and are made specifically with strengths and needs of a particular person in mind;
b. Help people with disabilities participate and be involved in the community;
c. Are voluntary and available as close as possible to their communities.
2. The countries will promote training programmes for staff working in habilitation and rehabilitation services.
3. The countries will promote the use of assistive devices and other types of aid as they relate to habilitation and rehabilitation.
ARTICLE 27 WORK AND EMPLOYMENT
1. The countries agree that people with disabilities have the same right to work as other people. This also means that they have the right to earn a living from work they choose in a work environment that is open and accessible to all people.
The countries will pass laws and take other action needed to:
a. Stop discrimination because of disabilities in all situations relating to all kinds of employment. This relates, for example, to situations when people with disabilities are trying to get jobs, are hired, or promoted, or in making sure that the working conditions are safe and healthy;
b. Protect the rights of people with disabilities to equal pay for equal work, equal opportunity, safe and healthy working conditions, and the ability to make complaints;
c. Make sure that people with disabilities can organize and join labor :::union:::s and trade :::union:::s like everyone else;
d. Make it possible for people with disabilities to get career counseling and vocational trainings;
e. Promote employment, career advances, and help people with disabilities to find and keep employment;
f. Promote self-employment, business opportunities, and start-up businesses;
g. Hire people with disabilities in the government;
h. Encourage and help employers to hire people with disabilities;
i. Make it easy for people with disabilities to be in the work place and work environment by making sure reasonable allowances are made for them;
j. Work to make sure that people with disabilities can gain work experience in the labour market;
k. Promote vocational and professional rehabilitation and programmes to
support people with disabilities to return to work and keep their jobs.
2. The countries will make sure that people with disabilities are not held in slavery. They will protect people with disabilities from forced labor as all other people are protected.
ARTICLE 28 ADEQUATE STANDARD OF LIVING AND SOCIAL PROTECTION
1. The countries recognise the right of people with disabilities to an adequate standard of living for themselves and their families. This includes adequate food, clothing, housing, and to always be improving their living conditions.
2. The countries also recognise the right of people with disabilities to social protection by the government, without discrimination because of their disability.
The countries will protect this right, including by making sure that:
a. People with disabilities can get necessary services, equipment and help for disability related needs;
b. People with disabilities have access to social welfare assistance and programmes that help them get out of poverty. This especially applies to women and girls with disabilities and older people with disabilities;
c. People with disabilities and their families who live in poverty get help from the government to be able to pay for expenses related to their disability;
d. People with disabilities have access to government housing programmes;
e. People with disabilities can get pensions.
ARTICLE 29 PARTICIPATION IN POLITICAL AND PUBLIC LIFE
The countries recognise the political rights of people with disabilities without discrimination, and will:
a. Make sure that people with disabilities can be fully involved in political and public life, for example by having the right to vote and be elected. To do this they should make sure:
i. That voting is easy to understand and accessible;
ii. To protect the right of citizens to vote in secret and to be elected;
iii. That citizens with disabilities who want assistance can get help to vote
from someone of their choice.
b. Encourage people with disabilities to be involved in the work of the government and to participate in public affairs, including:
i. Being involved in non-governmental organizations and associations
focused on the activities of political parties and civil society;
ii. Forming and joining organizations of people with disabilities to
represent people with disabilities, nationally, regionally and locally.
ARTICLE 30 PARTICIPATION IN CULTURAL LIFE, RECREATION, LEISURE AND SPORT
1. The countries recognise the right of people with disabilities to take part in cultural life. They will take action to make sure that:
a. People with disabilities have access to literature and other writings in formats such as Braille, sign and audio;
b. People with disabilities can get television programmes, film, theatre and other cultural activities in a way that they will understand, for example, with captioning and sign language;
c. People with disabilities can get to cultural performances and services such as libraries, museums, theatres and sites of national importance.
2. The countries will take action to make it possible for people with disabilities to develop and use their creative, artistic and intellectual potential.
3. The countries will take action to make sure that laws that protect documents and other writings and inventions from forgery or copying do not discriminate against people with disabilities.
4. People with disabilities have the right, just like everyone else, to have their
culture and language recognised, for example sign languages and deaf culture.
5. The countries also recognise that people with disabilities have the same right as others to take part in recreation, leisure and sports. The countries will take action to:
a. Encourage and promote involvement of people with disabilities in sports with people without disabilities at all levels;
b. Make sure that people with disabilities have a chance to organize and participate in sport activities, and to receive the same training and support as other people;
c. Make sure that people with disabilities can get to sports and recreation arenas as other people can;
d. Make sure that children with disabilities can participate in play and sports at school, like other children;
e. Make sure that person with disabilities can get services to help organize recreational and sporting activities.
ARTICLE 31 STATISTICS AND DATA COLLECTION
1. The countries will collect and look at statistics and other information to put into practice this Agreement.
In collecting this information they will:
a. Respect the right to people’s privacy. The information should be given only if people agree;
b. Respect human rights and ethics when collecting and using the statistics.
2.The information collected will be in categories so that the countries can better understand how to put into practice the Agreement, and to learn more about barriers that exist for people with disabilities.
3. The countries are responsible for distributing this information and making sure that it is in a format like Braille or easy-to-read, for example, so that people with disabilities can access it.
ARTICLE 32 INTERNATIONAL COOPERATION
1. The countries agree that it is important that they work together to make sure that each of them can put this Agreement into practice. They will take action to work together, especially with organizations of people with disabilities, to:
a. Make sure that people with disabilities are included and can access international programmes for development;
b. Make sure that they work together to educate people by sharing information, experiences, training programmes and best practices;
c. Arrange cooperation in areas of science and technology;
d. Give technical and economic help, for example by sharing new technologies.
2. The governments are not allowed to say that because they do not have help from other countries, they cannot put the Agreement into practice.
ARTICLE 33 NATIONAL IMPLEMENTATION AND MONITORING
1. The countries will make sure that there is at least one position in the government that will be responsible for making sure that the Agreement is put into practice.
2. The countries will make sure that within the government, they create an independent institution that will monitor how the Agreement is being put into practice.
3. Non-governmental organizations, especially people with disabilities and their organizations, will be fully involved in overseeing how the country puts the Agreement into practice.
ARTICLE 34
Committee on the Rights of People with Disabilities
1. The Committee on the Rights of People with Disabilities will be created.
2. When the Agreement becomes law, the Committee will have 12 experts. After 60 more countries agree to the Agreement, six experts will be added with a maximum of 18 members.
3. Members of the Committee will serve as individuals. They will be highly ethical and will be experts or have experience with disability.
4. The countries will elect the members of the Committee and will make sure that they are from all over the world, that they have members who are men, women, people with disabilities, and come from different legal systems.
5. When countries meet for a Conference, they will elect the members of the Committee in secret. To be elected, a person must receive the largest number of votes. Also, more than half of people present at the Conference must vote for him/her.
6. The first election will happen within the first six months after the Agreement becomes law. After that, four months before every election, the UN Secretary General will send a letter to the countries and ask them to nominate people for the Committee. Countries will have two months to do so.
7. Members of the Committee will serve for four years. They can be re-elected once. After the first election, six members of the Committee will serve for only two years.
8. When time comes for the additional six members to be added to the Committee, they will be elected during regular elections.
9. If a member of the Committee dies or leaves, the country that nominated that member will get to nominate another expert to serve for the rest of the term.
10. The Committee will make its own rules of how it will work.
11. The UN Secretary General will give staff and office space to make sure that the Committee can work effectively.
12. The members of the Committee will get paid for their services and the UN General Assembly will decide how much.
13. The members of the Committee will have the same rights as the other experts of the UN.
ARTICLE 35 REPORTS BY STATES PARTIES
1. Each country will write a report for the Committee within two years after the Agreement becomes law. The countries will report on how they are putting the Agreement into practice.
2. After that, each country will report to the Committee at least every four years.
3. The Committee will say what should be in the report.
4. After the country writes the first report, it does not have to repeat the same information in later reports. It is recommended that countries write their reports openly and consult with people with disabilities and their organizations.
5. The countries can write in the report what difficulties they had in putting the Agreement into practice.
ARTICLE 36 CONSIDERATION OF REPORTS
1. When a Committee receives the report it will:
• Review and make comments and recommendations;
• Give the comments and recommendations to the country that reported;
• The country may then give more information to the Committee;
• Ask for more information if needed.
2. If a country is very late with its report, the Committee will:
• Tell the country that it is late;
• If after three months, the country still does not report, the Committee will let
the country know that it needs to visit the country to examine how it is putting into practice the Agreement.
3. All countries will get each country’s report from the UN Secretary General.
4. The countries will share the report publicly in their countries and will allow comments and suggestions on the report.
5. If needed, the Committee will send the country’s report to other agencies within the UN, so that they can help the country with technical issues.
ARTICLE 37 COOPERATION BETWEEN STATES PARTIES AND THE COMMITTEE
1. Each country will work together with the Committee and help them do their job.
2. When working with the countries, the Committee will also try to find ways to make sure the countries are better equipped to put the Agreement into practice.
ARTICLE 38 RELATIONSHIP OF THE COMMITTEE WITH OTHER BODIES
To make sure that the Agreement is put into practice and to encourage countries to work together:
a. Agencies can be included in the meetings of the Committee when the Committee is talking about issues that the agency works on.
The Committee can invite these agencies to the meetings when their expertise is required.
The Committee can also ask these agencies to give their own reports on how countries are putting the Agreement into practice.
b. There are seven other committees that look at how countries are putting into practice other human rights agreements, for example, agreements on women, children, etc. The Committee will talk to these other committees to make sure that they are not repeating their work, and to make sure that they are consistent when giving advice to countries on how to best put the Agreement into practice.
ARTICLE 39 REPORT OF THE COMMITTEE
The Committee will report to the General Assembly and the Economic and Social Council every two years. It will make suggestions and recommendations based on the reports they receive.
ARTICLE 40 CONFERENCE OF STATES PARTIES
1. The countries will meet regularly to talk about issues relating to putting the Agreement into practice.
2. Within six months after the Agreement becomes law, the UN Secretary General will organize the first meeting. After that, the meetings will happen every two years or as the countries decide.
ARTICLE 41 DEPOSITARY
The Agreement will be filed with the UN Secretary General.
ARTICLE 42 SIGNATURE
The Agreement will be open for signing by all countries at the main UN building in New York as of March 30, 2007.
ARTICLE 43 CONSENT TO BE BOUND
The countries that sign the Agreement right away will have to “ratify” it, that is, their national government will have to accept the responsibility to put the Agreement into practice.
If the country does not sign the Agreement right away, they will be able to “accede” to the Agreement, meaning that they can join later.
ARTICLE 44 REGIONAL INTEGRATION ORGANIZATIONS
1. “Regional integration organization” is an organization made up of a number of countries in the same region that have given that organization the power to deal with issues that are covered in the Agreement.
2. When the Agreement says “countries” it also applies to these organizations.
3. When counting how many countries have signed the Agreement, these organizations do not count.
4. These organizations can vote during the meetings, and will have as many votes as there are countries in the organization. If any of the countries in the organization votes on its own, the organization cannot vote.
ARTICLE 45 ENTRY INTO FORCE
1. The Agreement will become law on the 30th day after 20 countries ratify or accede to the Agreement.
2. After that, when countries accept the Agreement, it will become law for them 30 days after the acceptance.
ARTICLE 46 RESERVATIONS
1. The countries can make reservations, meaning that they can say when they are signing the Agreement that they will not put into practice a particular obligation.
But, these reservations cannot be against the goal and intent of this Agreement.
2. The reservations can be taken away at any time.
ARTICLE 47 AMENDMENTS
1. Any country can propose changes to the Agreement with the UN Secretary General.
The Secretary General will then send the proposed changes to other countries.
If, within four months, at least one third of all countries want to meet to adopt the changes, Secretary General will organize the meeting.
The changes will be adopted if two-thirds of countries that are present at the meeting vote for them. Then the Secretary General will present it to the UN General Assembly for acceptance.
2. When a change is approved by the General Assembly, it will become law 30 days after two-thirds of all countries accept it.
After that, whenever a country accepts the change it will become law for them 30 days after they accept it.
The changes will be law only for those countries that accept it.
3. If the proposed change is about the reporting or the Committee, then 30 days after it is accepted by two-thirds of all countries, it will become law for all countries, not only those who accept the change.
ARTICLE 48 DENUNCIATION
A country can later go back and say that they will not agree to the Agreement anymore. To do this, they must write it down and send it to the UN Secretary General. That becomes effective one year after that.
ARTICLE 49 ACCESSIBLE FORMAT
The text of the Agreement will be prepared in Braille and other forms, so that all people can read it and understand it.
ARTICLE 50 AUTHENTIC TEXTS
The Agreement will be equally original in Arabic, Chinese, English, French, Russian and Spanish.
OPTIONAL PROTOCOL
Optional Protocol to the Convention on the Rights of People with Disabilities
(to be adopted at the same time as the Agreement)
All countries that agree to this Protocol agree to:
ARTICLE 1
1. Give the power to the Committee to receive and review complaints from individuals or organizations about violations of rights in the Agreement.
2. The Committee will only deal with complaints from countries that agree to this Protocol.
Article 2
The Committee will NOT accept the complaints if:
a. They do not say who they are from;
b. They do not match the Agreement;
c. The same situation has already been investigated. The same situation is being investigated by another body;
d. The people complaining did not use their domestic system to the fullest extent. But, the complaint will be reviewed if the domestic system takes too long;
e. The complaint is without basis; there is no proof;
f. The complaint is about something that happened before the Protocol became law.
Article 3
If the complaint is accepted, the Committee will secretly send it to the country in question. The country will respond within six months, and will say what solution they found.
Article 4
1. When the Committee gets a complaint, it can ask the country to take action right away if there is a risk that the victim(s) will be hurt permanently.
2. If the Committee decides to ask the country to take action right away, this does not mean that the case is successful.
Article 5
The Committee will meet in secret when examining complaints. After examining the complaint the Committee may, if needed, give suggestions and recommendations to the country in question and to the person(s) complaining.
Article 6
1. If the Committee gets trustworthy information about serious or widespread violations of rights in the Agreement, it may invite the country in question to participate in the reviewing of the information and to give its opinion on it.
2. After reviewing all the information that it has, the Committee may select one or more of its members to urgently investigate the matter. If the country in question agrees, and if it is needed, it may make a visit to the country to investigate directly.
3. The Committee will give the country in question the results of the investigation and any recommendations it has.
4. The country in question will give its opinion on the results to the Committee within six months.
5. The investigation will be confidential and the country in question will be asked to cooperate throughout the process.
Article 7
1. The Committee can ask the country in question to include in its report what it did in response to the investigation.
2. If it is needed, the Committee can ask the country in question to give its opinion on the results of the investigation if it has not answered within six months.
Article 8
Each country that agrees to this Protocol is allowed to say that it does not give the power to the Committee for situations discussed in Articles 6 and 7.
Article 9
The Protocol will be filed with the UN Secretary General.
Article 10
This Protocol will be open for signing at the UN Headquarters in New York as of 30 March 2007.
Article 11
The countries that agree to put the Agreement into practice can sign this Protocol and must then ratify it in their home countries.
Article 12
1. “Regional integration organization” is an organization of several countries that have given it (the organization) the power to deal with issues that are covered in the Protocol.
2. When this Protocol says “countries that agree to this Protocol,” it applies also to these organizations.
3. When counting how many countries have signed the Protocol, these organizations do not count.
4. These organizations can vote during the meetings, and will have as many votes as there are countries in the organization. If any of the countries in the organization votes on its own, the organization cannot vote.
Article 13
1. After the Agreement becomes law, this Protocol will become law on the 30th day after 10 countries ratify or accede to the Protocol.
2. After that, when countries accept the Protocol, it will become law for them 30 days after the acceptance.
Article 14
The countries that agree to this Protocol can make reservations. But, these reservations cannot be against the goal and the intent of the Protocol.
The reservations can be taken away at any time.
Article 15
1. Any country that agrees to this Protocol can suggest a change to the Protocol with the UN Secretary General.
The Secretary General will then send the proposed changes to other countries that agreed to this Protocol.
If, within four months, at least one third of all countries that agreed to this Protocol want to meet to adopt the changes, Secretary General will organize the meeting. At the meeting, the changes will be adopted if two-thirds of countries that are present vote for them.
Then the Secretary General will present them to the General Assembly for acceptance.
2. When the changes are approved by the General Assembly, they will become law 30 days after two-thirds of all countries that agree to this Protocol accept it. After that, whenever a country accepts the changes, they will become law for them 30 days after they accept it. The changes will be law only for those countries that accept them.
Article 16
A country can later go back and say that they will not agree to the Protocol anymore. To do this, they must write it down and send it to the UN Secretary General and it will become effective one year after that.
Article 17
The text of the Protocol will be prepared in Braille and other forms, so that all people can read it and understand it.
Article 18
The Protocol will be equally original in Arabic, Chinese, English, French, Russian and Spanish.
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United Nations Convention on the Rights of Persons with Disabilities
Preamble
The States Parties to the present Convention,
(a) Recalling the principles proclaimed in the Charter of the United Nations which recognize the inherent dignity and worth and the equal and inalienable rights of all members of the human family as the foundation of freedom, justice and peace in the world,
(b) Recognizing that the United Nations, in the Universal Declaration of Human Rights and in the International Covenants on Human Rights, has proclaimed and agreed that everyone is entitled to all the rights and freedoms set forth therein, without distinction of any kind,
(c) Reaffirming the universality, indivisibility, interdependence and interrelatedness of all human rights and fundamental freedoms and the need for persons with disabilities to be guaranteed their full enjoyment without discrimination,
(d) Recalling the International Covenant on Economic, Social and Cultural Rights, the International Covenant on Civil and Political Rights, the International Convention on the Elimination of All Forms of Racial Discrimination, the Convention on the Elimination of All Forms of Discrimination against Women, the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, the Convention on the Rights of the Child, and the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families,
(e) Recognizing that disability is an evolving concept and that disability results from the interaction between persons with impairments and attitudinal and environmental barriers that hinders their full and effective participation in society on an equal basis with others,
(f) Recognizing the importance of the principles and policy guidelines contained in the World Programme of Action concerning Disabled Persons and in the Standard Rules on the Equalization of Opportunities for Persons with Disabilities in influencing the promotion, formulation and evaluation of the policies, plans, programmes and actions at the national, regional and international levels to further equalize opportunities for persons with disabilities,
(g) Emphasizing the importance of mainstreaming disability issues as an integral part of relevant strategies of sustainable development,
(h) Recognizing also that discrimination against any person on the basis of disability is a violation of the inherent dignity and worth of the human person,
(i) Recognizing further the diversity of persons with disabilities,
(j) Recognizing the need to promote and protect the human rights of all persons with disabilities, including those who require more intensive support,
(k) Concerned that, despite these various instruments and undertakings, persons with disabilities continue to face barriers in their participation as equal members of society and violations of their human rights in all parts of the world,
(l) Recognizing the importance of international cooperation for improving the living conditions of persons with disabilities in every country, particularly in developing countries,
(m) Recognizing the valued existing and potential contributions made by persons with disabilities to the overall well-being and diversity of their communities, and that the promotion of the full enjoyment by persons with disabilities of their human rights and fundamental freedoms and of full participation by persons with disabilities will result in their enhanced sense of belonging and in significant advances in the human, social and economic development of society and the eradication of poverty,
(n) Recognizing the importance for persons with disabilities of their individual autonomy and independence, including the freedom to make their own choices,
(o) Considering that persons with disabilities should have the opportunity to be actively involved in decision-making processes about policies and programmes, including those directly concerning them,
(p) Concerned about the difficult conditions faced by persons with disabilities who are subject to multiple or aggravated forms of discrimination on the basis of race, colour, sex, language, religion, political or other opinion, national, ethnic, indigenous or social origin, property, birth, age or other status,
(q) Recognizing that women and girls with disabilities are often at greater risk, both within and outside the home of violence, injury or abuse, neglect or negligent treatment, maltreatment or exploitation,
(r) Recognizing that children with disabilities should have full enjoyment of all human rights and fundamental freedoms on an equal basis with other children, and recalling obligations to that end undertaken by States Parties to the Convention on the Rights of the Child,
(s) Emphasizing the need to incorporate a gender perspective in all efforts to promote the full enjoyment of human rights and fundamental freedoms by persons with disabilities,
(t) Highlighting the fact that the majority of persons with disabilities live in conditions of poverty, and in this regard recognizing the critical need to address the negative impact of poverty on persons with disabilities,
(u) Bearing in mind that conditions of peace and security based on full respect for the purposes and principles contained in the Charter of the United Nations and observance of applicable human rights instruments are indispensable for the full protection of persons with disabilities, in particular during armed conflicts and foreign occupation,
(v) Recognizing the importance of accessibility to the physical, social, economic and cultural environment, to health and education and to information and communication, in enabling persons with disabilities to fully enjoy all human rights and fundamental freedoms,
(w) Realizing that the individual, having duties to other individuals and to the community to which he or she belongs, is under a responsibility to strive for the promotion and observance of the rights recognized in the International Bill of Human Rights,
(x) Convinced that the family is the natural and fundamental group unit of society and is entitled to protection by society and the State, and that persons with disabilities and their family members should receive the necessary protection and assistance to enable families to contribute towards the full and equal enjoyment of the rights of persons with disabilities,
(y) Convinced that a comprehensive and integral international convention to promote and protect the rights and dignity of persons with disabilities will make a significant contribution to redressing the profound social disadvantage of persons with disabilities and promote their participation in the civil, political, economic, social and cultural spheres with equal opportunities, in both developing and developed countries,
Have agreed as follows:
Article 1: Purpose
The purpose of the present Convention is to promote, protect and ensure the full and equal enjoyment of all human rights and fundamental freedoms by all persons with disabilities, and to promote respect for their inherent dignity.
Persons with disabilities include those who have long-term physical, mental, intellectual or sensory impairments which in interaction with various barriers may hinder their full and effective participation in society on an equal basis with others.
Article 2: Definitions
For the purposes of the present Convention:
“Communication” includes languages, display of text, Braille, tactile communication, large print, accessible multimedia as well as written, audio, plain-language, human-reader and augmentative and alternative modes, means and formats of communication, including accessible information and communication technology;
“Language” includes spoken and signed languages and other forms of non spoken languages;
“Discrimination on the basis of disability” means any distinction, exclusion or restriction on the basis of disability which has the purpose or effect of impairing or nullifying the recognition, enjoyment or exercise, on an equal basis with others, of all human rights and fundamental freedoms in the political, economic, social, cultural, civil or any other field. It includes all forms of discrimination, including denial of reasonable accommodation;
“Reasonable accommodation” means necessary and appropriate modification and adjustments not imposing a disproportionate or undue burden, where needed in a particular case, to ensure to persons with disabilities the enjoyment or exercise on an equal basis with others of all human rights and fundamental freedoms;
“Universal design” means the design of products, environments, programmes and services to be usable by all people, to the greatest extent possible, without the need for adaptation or specialized design. “Universal design” shall not exclude assistive devices for particular groups of persons with disabilities where this is needed.
Article 3: General principles
The principles of the present Convention shall be:
(a) Respect for inherent dignity, individual autonomy including the freedom to make one’s own choices, and independence of persons;
(b) Non-discrimination;
(c) Full and effective participation and inclusion in society;
(d) Respect for difference and acceptance of persons with disabilities as part of human diversity and humanity;
(e) Equality of opportunity;
(f) Accessibility;
(g) Equality between men and women;
(h) Respect for the evolving capacities of children with disabilities and respect for the right of children with disabilities to preserve their identities.
Article 4: General obligations
1. States Parties undertake to ensure and promote the full realization of all human rights and fundamental freedoms for all persons with disabilities without discrimination of any kind on the basis of disability. To this end, States Parties undertake:
(a) To adopt all appropriate legislative, administrative and other measures for the implementation of the rights recognized in the present Convention;
(b) To take all appropriate measures, including legislation, to modify or abolish existing laws, regulations, customs and practices that constitute discrimination against persons with disabilities;
(c) To take into account the protection and promotion of the human rights of persons with disabilities in all policies and programmes;
(d) To refrain from engaging in any act or practice that is inconsistent with the present Convention and to ensure that public authorities and institutions act in conformity with the present Convention;
(e) To take all appropriate measures to eliminate discrimination on the basis of disability by any person, organization or private enterprise;
(f) To undertake or promote research and development of universally designed goods, services, equipment and facilities, as defined in article 2 of the present Convention, which should require the minimum possible adaptation and the least cost to meet the specific needs of a person with disabilities, to promote their availability and use, and to promote universal design in the development of standards and guidelines;
(g) To undertake or promote research and development of, and to promote the availability and use of new technologies, including information and communications technologies, mobility aids, devices and assistive technologies, suitable for persons with disabilities, giving priority to technologies at an affordable cost;
(h) To provide accessible information to persons with disabilities about mobility aids, devices and assistive technologies, including new technologies, as well as other forms of assistance, support services and facilities;
(i) To promote the training of professionals and staff working with persons with disabilities in the rights recognized in this Convention so as to better provide the assistance and services guaranteed by those rights.
2. With regard to economic, social and cultural rights, each State Party undertakes to take measures to the maximum of its available resources and, where needed, within the framework of international cooperation, with a view to achieving progressively the full realization of these rights, without prejudice to those obligations contained in the present Convention that are immediately applicable according to international law.

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