Convention on the Rights of Persons with Disabilities. Draft international convention of the United Nations on the rights of persons with disabilities. Consent to be bound

Nizhny Novgorod Regional Public Organization of Disabled People

"Social rehabilitation"

UN Convention on the Rights of Persons with Disabilities

Benefit for disabled children and their parents

font-size:11.0pt;font-family:Verdana">Nizhny Novgorod

2010

This manual was published as part of the “Legal Territory of the Family” project.

This publication was prepared for disabled children, as well as their parents, and may be of interest to a wide audience, in particular, leaders of non-profit organizations working with disabled people, special (correctional) schools, and all those who are not indifferent to the problem of rehabilitation of disabled people into the life of society.

The publication in accessible language covers such key points of the UN Convention on the Rights of Children with Disabilities as: health, education, work, society.

All your comments will be considered with interest by the authors of the manual.

The publication was supported by the Small Grants Program of the US Embassy in the Russian Federation. NROO "Social Rehabilitation" bears full responsibility for the content of this publication, which cannot be regarded as the opinion of the US Embassy or the US government.

NROO "Social rehabilitation"

G.N. Novgorod

Yarmarochny Proezd, 8

sorena @kis. ru

www. socrehab. ru

Compiled by:

Introduction………………………………………………………4

on the rights of persons with disabilities……………………………7

Children and society………………………………..10

Education…………………………..…12

Labor ……………………………………………………………….15

Health…………………………………………..16

Conclusion……………………………………18

Glossary of terms…………………………….....19

Introduction

You are holding in your hands a book that will tell you about a very important document - UN Convention on the Rights of Persons with Disabilities . Unfortunately, not all of us know about this Convention, which on March 30, 2007 was opened for signature and ratification by all interested countries. Let us recall that the concept of ratification means the approval of an international treaty by the highest authority of a state party to this treaty.

The question arises, what is special about this Convention, what can it introduce that is new, and how will it affect us? There are already a huge number of Laws, Decrees, Regulations, etc. around us, and problems still exist. So what makes this UN Convention on the Rights of Persons with Disabilities special?

The decision to create a UN Special Committee to develop a Convention on the Protection of the Rights of Persons with Disabilities was made on December 19, 2001. And only 5 years later, namely on December 13, 2006, the Convention was adopted by the UN General Assembly.

Previously, the rights of people with disabilities were not enshrined in a single international legal document. The first document with the basic principles of attitude towards persons with disabilities was approved in 1982 by the UN General Assembly, and the period from 1983 to 1992 was proclaimed the UN Decade of Persons with Disabilities. But despite all efforts, people with disabilities have not received equal opportunities and remain isolated from society.

The Convention on the Protection of the Rights of Persons with Disabilities will be the first major human rights treaty concluded in the 21st century. It will come into force after it is approved (ratified) by 20 countries.

Countries that approve the convention will have to fight negative attitudes towards people with disabilities and disabled children. Equal rights for people with disabilities can only be achieved through changes in the attitude of people around them.

States will also have to guarantee the right of persons with disabilities to live on an equal basis with everyone else. Public places and buildings, transport and means of communication will have to become more accessible.

Today there are about 650 million people with disabilities on our planet. This is about 10% of the world's population. There are about 150 million children with disabilities around the world.

Our book is primarily for disabled children and their parents. And this book was created to explain what the Convention on the Rights of Persons with Disabilities is and why it is so important.

The Convention has 50 articles, some of which are dedicated to children with disabilities. After all, it is disabled children who most often become victims of society among all children in the world. Misunderstanding on the part of peers leads to conflicts in families and at school. This leads to a decrease in the success of educational activities, lowers their self-esteem, and the child withdraws into himself. And most importantly, all this can affect their already poor health.

It was the participation and knowledge of persons with disabilities themselves, including children with disabilities who face life's challenges every day, that played a key role in the successful adoption of the Convention.

After the approval of the UN Convention on the Rights of Persons with Disabilities, along with the UN Convention on the Rights of the Child, the creation of the necessary legal instruments to protect the rights of children with disabilities will be ensured.

General provisions of the UN Convention

on the rights of persons with disabilities

The purpose of the Convention is to protect the rights of persons with disabilities and to promote respect for their dignity. According to the convention, persons with disabilities include persons with disabilities that may interfere with their full participation in society on an equal basis with others.

One of the problems of disabled people in Russia is touched upon here. A disabled person's full participation in society is hindered by the simple lack of necessary accommodations in most of the buildings we visit every day. Shops, educational institutions, and transport do not meet the requirements of a disabled person, and in his own home, a person with disabilities can simply become a “hostage.”

The Convention will oblige participating countries to guarantee the full rights of persons with disabilities.

I think you will agree with me that sometimes it is not clear what some concepts that are often heard around us mean. Let's try to understand some of them.

For example, what does disability discrimination mean, which is so often written about and needs to be combated?

Discrimination in Latin means “discrimination.” Discrimination on the basis of disability is the restriction or deprivation of the rights of a certain group of citizens only because they have limitations in their physical, mental or other capabilities. If you or your child are not accepted into an educational institution only because you have a disability, this is discrimination on the basis of disability.

The Convention has such a concept as “reasonable accommodation”. For example, a ramp at the entrance to a store is a reasonable adaptation. That is, a disabled person needs a ramp - font-size: 14.0pt;color:black">a wheelchair user in order to get to a store or school. But the very presence of a ramp at the entrance does not in any way interfere with others, this is a reasonable adaptation.

It would be discrimination to refuse reasonable accommodations. If at the entrance to a school there is no ramp so that a student in a wheelchair can get there, this is discrimination.

The state that approves this Convention will adopt the necessary laws to abolish any discrimination against persons with disabilities.

To adopt such a Law, the state consults with people with disabilities and disabled children. Consultation and involvement of disabled people occurs through organizations representing disabled people.

This convention, like many others, defines general principles. The word "principle" translated from Latin means "beginning". A principle is the basic principle on which something is built. The Convention contains several principles on which society's attitude towards people with disabilities should be based.

Here are some of them:

Respect the characteristics of people with disabilities.

Respect the abilities of disabled children;

Respect the right of disabled children to maintain their individuality.

In order for the Convention on the Rights of Persons with Disabilities to work, States Parties to the Convention designate one or more bodies within the government. These bodies are responsible for the implementation of the Convention and its implementation.

Disabled people and their representative organizations monitor and participate in the implementation of the Convention and its introduction into our lives.

The Convention on the Rights of Persons with Disabilities does not create new rights! States implement it so that there are no violations of the rights of people with disabilities around us.

Children and society

The UN Convention on the Rights of Persons with Disabilities pays special attention to respect for home and family, and education.

Disabled children are vulnerable, and they are the ones who need attention, help and support from society and the state as a whole. The UN Convention states that the best interests of the child shall be a primary consideration in all actions concerning children with disabilities.

Know that there is a UN Convention on the Rights of the Child. For Russia it came into force in September 1990. The UN Convention on the Rights of Persons with Disabilities refers to the Convention on the Rights of the Child. Thus, it recognizes the full rights of all disabled children on an equal basis with other children. And also, on the same basis as other children, receive the help he needs due to his disability.

The UN Convention on the Rights of Persons with Disabilities calls for all children to develop respect for people with disabilities and children with disabilities from an early age. After all, when communicating with peers, disabled children do not always have mutual understanding.

The UN Convention on the Rights of Persons with Disabilities gives the state many responsibilities.

State responsibilities:

Provide assistance to people with disabilities in raising children,

Provide children with disabilities and their families with comprehensive information, services and support.

Make every effort to organize alternative care by involving more distant relatives in cases where the immediate family is not able to provide care for a disabled child, and if this is not possible, by creating family conditions for the child to live in the local community.

Take all measures to ensure that children with disabilities fully enjoy all human rights and fundamental freedoms on an equal basis with other children.

Education

The UN Convention uses the concept “ inclusive education" Let's figure out what this is?

Inclusive, that is, including. Inclusive education is the education of children with special needs in general education (mainstream) schools. Inclusive education unites (includes) all children.

There is no discrimination in inclusive education. Remember what discrimination means? That's right: distinctions. Inclusive education treats everyone equally. Thanks to inclusive education, conditions are created for children with special needs.

Inclusive approaches can support these children to learn and achieve success. And this gives chances and opportunities for a better life!!!

The Convention directs States Parties to strive to develop:

personalities,

talents

Ÿ creativity of disabled people

mental

Ÿ physical abilities

And so that all these abilities develop in full.

Ÿ to empower persons with disabilities to participate effectively in a free society.

After all, we all know that all children can learn. It is only necessary to create suitable conditions for their learning. Disabled people who previously studied either at home or in a boarding school experience difficulties adapting to the conditions of study in a particular educational institution, and problems establishing contacts with their peers and teachers. The process of acquiring knowledge itself is not very difficult for a disabled person.

To avoid these difficulties, the UN Convention on the Rights of Persons with Disabilities introduces such a concept as “Socialization skills”! and again the question arises, what does this mean? Everything is very simple:

Socialization (in developmental psychology) from Latin - public. Socialization skills are the assimilation and practical application of social experience. And we gain this social experience when we communicate with each other. Education is the leading and defining concept of socialization.

We've sorted out a little bit about socialization. Mastering life and socialization skills will facilitate the full and equal participation of people with disabilities in the educational process. A state that has approved the UN Convention on the Rights of Persons with Disabilities will ensure the availability of adaptations that take into account the needs of people with disabilities in schools, universities, etc. That is, an environment will be created that is conducive to the acquisition of knowledge.

For example, to create this environment, States Parties to the Convention are taking measures to recruit teachers, including teachers with disabilities, who speak sign language and/or Braille.

The specialists themselves and all personnel who work in the education system are also trained. They are taught methods and ways of communicating with people with disabilities and disabled children. How to provide support and teach him the necessary knowledge, how to present educational material.

If the UN Convention on the Rights of Persons with Disabilities is approved (ratified) by our Russian state, then inclusive education will be introduced in our country. And it will be introduced through the adoption of a law providing for obligations and programs to ensure access to education for people with disabilities.

Work

The Convention recognizes the right of persons with disabilities to work on an equal basis with others. The right to work is the right to the opportunity to earn a living by work that the disabled person has freely chosen or agreed to.

In order for the labor market to be accessible to people with disabilities, inclusion is again needed. Inclusivity (inclusion, accessibility) is achieved by:

Ÿ encouragement (greetings) desire of a disabled person to work;

Ÿ protectionthe rights of persons with disabilities to just and favorable working conditions;

Ÿ provisiondecent remuneration for work;

Ÿ security working conditions;

Ÿ conservation work places;

The Convention provides for increased employment opportunities for persons with disabilities. As well as providing assistance in finding a job, assistance in obtaining, maintaining and resuming work.

When we talk about work, here we again remember the concepts we have learned! Remember "reasonable accommodation"? So, the workplace must be provided with reasonable accommodation. Reasonable accommodations in the workplace would include wide doorways to allow a disabled person to easily enter the room, or a desk that is accessible to the disabled person. But this will not interfere with the others.

Health

We will begin our study of the health section with such a concept as “rehabilitation”. Rehabilitation translated from Latin means restoration. This concept can be considered in a legal sense, i.e. restoration of rights.

We are interested in the second meaning of this word, namely: in medicine rehabilitation is a set of events for persons with limited physical and mental capabilities:

-medical (help from doctors);

Pedagogical (work with disabled teachers, teachers);

Professional (when, for example, a psychologist works with disabled people);

With the help of all these measures, health and ability to work are restored.

font-size: 14.0pt;font-family:" times new roman>Rehabilitation of children with mental retardation, hearing, speech, vision defects, etc. is of particular importance. There are therapeutic measures, such as: occupational therapy, physical therapy, sports games, electrotherapy, mud therapy, massage.These therapeutic measures are carried out in the departments and centers of Rehabilitation at large hospitals and institutes (traumatological, psychiatric, cardiological, etc.).

But the Convention also has such a concept as habilitation. So, habilitation means comfortable, adapted to rights. These are therapeutic and social measures for people with disabilities since childhood, aimed at adapting them to life.

Rehabilitation and habilitation are needed so that a disabled person feels independent, so that he develops physical, mental and other abilities. Thanks to rehabilitation and habilitation, they are involved in life.

The Convention fights for:

Maximum accessibility of various institutions for people with disabilities (for example, the proximity of a hospital where rehabilitation assistance can be provided).

Professional training of personnel in rehabilitation and habilitation.

Providing disabled people with the same range of free health care services as other categories of citizens.

The Convention also talks about early diagnosis. Early diagnosis is necessary to prevent further disability among children and the elderly.

Conclusion

Dear readers!

We have now come to the end of our edition of the UN Convention on the Rights of Persons with Disabilities. We really hope that our work turned out to be useful and interesting for you, and most importantly, that you discovered a lot of new things.

We all need to know our rights and responsibilities in order to easily operate them in the right situation. This edition of the Convention on the Rights of Persons with Disabilities has provided you with access to information and materials that address and expand on this topic in detail.

You and I know firsthand how many there are in our country, and throughout the world, who are in such need of protection. The UN Convention on the Rights of Persons with Disabilities is not just another expression of pity or charity for people with disabilities, it is, first of all, an expression of the equal rights and freedoms of people with disabilities, disabled children, a guarantee of their rights to life on an equal basis with everyone else.

I would like to express the hope that the UN Convention on the Rights of Persons with Disabilities will be ratified and the participating countries will undertake obligations to combat negative attitudes towards people with disabilities and children with disabilities.

Glossary of terms

International convention -(from Latin conventio - agreement), one of the types of international treaty; establishes the mutual rights and obligations of states, usually in some special area.

Ratification(from Latin ratus - approved), approval by the supreme body of state power of an international treaty.

Discrimination based on disability - Discrimination (from the Latin discriminatio - distinction) means any difference, exclusion or restriction due to disability. The purpose of Discrimination is to deny equal human rights and fundamental freedoms.

Reasonable accommodation - means making necessary and appropriate modifications (adaptations) that do not interfere with the interests of others. For example, a traffic light with sound.

Principle(Latin principium - beginning, basis):

1) the basic starting position of any theory, doctrine, science, etc.;

2) A person’s inner conviction, which determines his attitude towards reality.

3) The basis of the device or operation of any device, machine, etc.

Inclusive education- This is the education of children with special needs in general education (mass) schools.

Socialization(from Latin socialis - social), the process of a person’s assimilation of knowledge, norms and values ​​of society.

Rehabilitation(Late Latin rehabilitatio - restoration):

1) (legal) restoration of rights.

2) (medical) a complex of medical, pedagogical professional measures aimed at restoring (or compensating) impaired body functions and the working ability of sick and disabled people.

Habilitation(abilitatio; lat. habilis - convenient, adaptive) - therapeutic and social measures in relation to disabled people from childhood, aimed at adapting to life.

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

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

The UN Convention on the Rights of Persons with Disabilities of December 13, 2006 summarized the theory and experience of applying the legislation of various countries in the field of protecting the rights and freedoms of people with disabilities. To date, 112 countries have ratified it.

Within the framework of the concept of equal rights and freedoms, the Convention introduces basic concepts common to all countries related to their implementation by people with disabilities. “In accordance with Article 15 of the Constitution of the Russian Federation, after ratification, the Convention will become an integral part of the legal system of the Russian Federation, and its established provisions will be mandatory for application. In this regard, the legislation of the Russian Federation must be brought into conformity with the provisions of the Convention.

The most important for us are the points for amending a number of articles of the Federal Law of November 24, 1995 No. 181-FZ “On the social protection of people with disabilities in the Russian Federation.” Establishment unified federal minimum social protection measures. Transition to new classifications of disability in order to normatively establish the degree of need of a disabled person for rehabilitation measures and reasonable adaptation of the environment. In a universal language - in the form of a system of letter codes, which will ensure the identification of the predominant types of disabilities in people with disabilities, measures to ensure accessibility of the physical and information environment for them. In my opinion, it sounds very vague. The concept of “Habilitation of the disabled” as a system and process of developing the abilities of disabled people for everyday, social and professional activities. The possibility of providing rehabilitation services by individual entrepreneurs (in accordance with the Model Regulations approved by the Government of the Russian Federation) the creation of a unified system for registering disabled people in the Russian Federation, which is already in the law, but does not “work”. Equipment necessary for a disabled person for living quarters “provided for by the federal list of rehabilitation measures, technical means of rehabilitation and services” (Article 17 No. 181-FZ).

In my opinion, declaratively, because everything has long been determined by the IRP issued to a disabled person. Amendments have also been made to a number of Federal Laws in order to promote self-employment of unemployed disabled people by allocating subsidies for starting their own business; the possibility of concluding a fixed-term employment contract with disabled people entering work, as well as with other persons who, for health reasons, in accordance with a medical certificate issued in the prescribed manner, are allowed to work exclusively of a temporary nature. Specific changes to the basic Federal laws have been made and are in force, “On social protection of disabled people in the Russian Federation” and “On veterans”

By order of the Government of the Russian Federation of December 30, 2005. The Federal List of rehabilitation measures, technical means of rehabilitation and services provided to disabled people was “expanded” by 10 units in 2006. What is most alarming and what have we encountered in practice? Now Article 11.1 remains “mobility devices for wheelchairs. But they are already on the List!

Since 2003, bicycle and motorized wheelchairs for disabled people and manually operated cars for disabled people have “disappeared” from the list. Obviously, it was decided that compensation of 100 thousand rubles for those who managed to “join” the preferential queue for receiving special vehicles before March 1, 2005. will replace one of the vital means of rehabilitation for people with disabilities and wheelchair users.

Currently, Russia is implementing a large-scale state program "Accessible Environment", which laid the foundation for the country's social policy to create equal opportunities for disabled people with other citizens in all spheres of life. An analysis of the legislation currently implemented in the Russian Federation shows that it basically complies with the norms of the convention, however, there is a certain list of innovations that require proper implementation for effective implementation in the future. It is necessary to create financial, legal, as well as structural and organizational conditions for the implementation of its main provisions immediately after it becomes a component of the legal system of the Russian Federation.

Monitoring of our legislation has shown that many of the key provisions of the Convention in the field of education, employment, and the creation of a barrier-free environment are to a greater or lesser extent reflected in federal legislation. But, for example, in the field of implementation of legal capacity, restriction or deprivation of legal capacity, our legislation does not comply with the international document and requires significant changes.

It must be borne in mind that most of the declared provisions of our legislation are “dead”, due to the lack of a clear mechanism for implementing norms at the level of by-laws, the lack of regulation of interdepartmental interaction, the low efficiency of criminal, civil, administrative liability for violation of the rights of persons with disabilities and a number of others systemic reasons.

For example, the norms of Art. 15 Federal Law "On social protection of disabled people in the Russian Federation" on the creation of an accessible environment, or Art. 52 of the Law "On Education". Giving parents the right to choose an educational institution for their child are declarative and fragmented in nature and cannot be directly used to oblige the creation of an accessible environment for people with disabilities, or to create conditions in educational institutions for the education of children with disabilities.

It is precisely because of the lack of a well-thought-out mechanism for implementing federal norms in the field of social protection and rehabilitation of persons with disabilities, because of the different interpretations of some provisions of these norms, and because of the practically “impunished inaction” of officials that the law enforcement practice of local executive authorities is reduced to “no” " provisions of federal legislation.

As already mentioned, ratification of the Convention will lead to the need to develop a completely different state policy regarding persons with disabilities and improve federal and regional legislation.

And if we are talking about the need to bring our legislation in the field of rehabilitation, education, employment, accessible environment in accordance with the Convention, then, first of all, we need to think about how to ensure the actual implementation of these norms.

This can be ensured, in my opinion, by strict anti-discrimination government policy, which we simply do not have. It is also necessary to pay great attention to the formation of positive public opinion.

human rights disability convention

CONVENTION ON THE RIGHTS OF PERSONS WITH DISABILITIES

Full inclusion and the right to participate in society

UN Convention on the Rights of Persons with Disabilities, adopted by General Assembly resolution 61/106

Assembly of December 13, 2006 and enshrining the fundamental rights and freedoms of individuals in relation to people with disabilities - the first comprehensive human rights treaty of the 21st century.

The Convention marks a “paradigm shift” in terms of attitudes and

approaches to people with disabilities.

As of the end of 2012, the Convention was signed by 155 states, 126 states ratified it, including the Russian Federation. On May 15, 2012, Federal Law No. 46-FZ “On Ratification of the Convention” came into force

on the rights of persons with disabilities." To implement the provisions of the Convention, it is necessary to introduce

corresponding changes to current legislation. The implementation of the provisions of the Convention in the Russian Federation will improve the quality of life of people with disabilities and members of their families.

The Convention changes the very understanding of disability, recognizing that a disabled person

ity is an evolving concept. It is “the result of interactions that occur between people with disabilities and attitudinal and environmental barriers that prevent their full and effective participation.”

in the life of society on an equal basis with others.”

Thus, the Convention recognizes that a person is disabled not

only because of the limitations he has, but also because of the barriers that exist in society.

The attitude of society towards people with disabilities shows the level of readiness - both the state and

government, and individual citizens - to follow the path of developing democracy and respect for the rights

person.

Ratification of the Convention marks the state’s intention to create a material environment for a full life for a disabled person - a full member of society, and to develop a system of inclusive education.

UN CONVENTION ON THE RIGHTS OF PERSONS WITH DISABILITIES

In St. Petersburg, even before the ratification of the Convention, in November 2011, there was

The Social Code was adopted, in which the St. Petersburg laws are collected into a single system

laws of the social sphere. In particular, it included laws on worker quotas

places for disabled people, on providing free travel on public transport to certain categories of disabled people, on disabled children, on creating favorable

new economic conditions for public organizations of disabled people.

Cooperation, active dialogue between civil society and all branches of government are necessary for further progress in change

attitudes of society and the state towards people with disabilities.

UN CONVENTION ON THE RIGHTS OF PERSONS WITH DISABILITIES

Convention on the Rights of Persons with Disabilities is a UN convention adopted by the General Assembly

bley on December 13, 2006 and entered into force on May 3, 2008 (the thirtieth day after accession or ratification by twenty States). At the same time with

The Convention adopted and entered into force its Optional Protocol. According to condition

at the end of November 2012, 155 states had signed the Convention, 90 – Optional

nal protocol. Ratified by 126 and 76 states, respectively.

With the entry into force of the Convention, the Committee on the Rights of Persons with Disabilities was established -

supervisory body for the implementation of the Convention authorized to examine reports

States parties to the Convention, make proposals and general recommendations on them

dation, as well as consider reports of violations of the Convention by States Parties to the Protocol.

On the official UN website:

http://www.un.org/russian/documen/convents/disability.html

About the status (who signed and ratified when):

http://www.un.org/russian/disabilities/

Summary of the Convention - Student Version:

http://www.un.org/ru/rights/disabilities/about_ability/inbrief.shtml

UN CONVENTION ON THE RIGHTS OF PERSONS WITH DISABILITIES

RUSSIAN FEDERATION

THE FEDERAL LAW

On the ratification of the Convention on the Rights of Persons with Disabilities

Adopted by the State Duma

Ratify the Convention on the Rights of Persons with Disabilities of December 13, 2006, signed on behalf of the Russian Federation in New York City on September 24, 2008.

President of the Russian Federation D. Medvedev

Moscow Kremlin

UN CONVENTION ON THE RIGHTS OF PERSONS WITH DISABILITIES

Convention on the Rights of Persons with Disabilities

Preamble

The States Parties to this Convention,

a) recalling the principles enshrined in the Charter of the United Nations that the inherent dignity and worth of all members of humanity

families, and their equal and inalienable rights are recognized as the basis of freedom, fairness

life and universal peace,

b) recognizing that the United Nations has proclaimed and established

in the Universal Declaration of Human Rights and the International Covenants on Human Rights, that every person is entitled to all the rights and freedoms set forth therein, without distinction of any kind,

c) confirming the universality, indivisibility, interdependence and interconnectedness

the existence of all human rights and fundamental freedoms, as well as the need to guarantee persons with disabilities their full enjoyment without discrimination,

d) Recalling the International Covenant on Economic, Social and Cultural

rights, International Covenant on Civil and Political Rights, International

the 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 Human Rights

all migrant workers and members of their families,

e) recognizing that disability is an evolving concept and that disability is the result of interactions that occur between those who have

health impairments by people and attitudinal and environmental barriers and which

prevents their full and effective participation in society on an equal basis with others,

f) Recognizing the importance that the principles and guidelines contained in the World Program of Action for Persons with Disabilities and the Standards

rules for ensuring equal opportunities for persons with disabilities, have, from the point of view

influencing the promotion, formulation and evaluation of strategies, plans, programs and

activities at the national, regional and international levels for further

ensuring equal opportunities for disabled people,

g) emphasizing the importance of mainstreaming disability issues as an integral part of

of appropriate sustainable development strategies,

UN CONVENTION ON THE RIGHTS OF PERSONS WITH DISABILITIES

h) Recognizing also that discrimination against any person on the basis of

disability constitutes a violation of the dignity and value inherent in

human personality,

j) Recognizing the need to promote and protect the human rights of all persons with disabilities;

children, including those in need of more active support,

k) being concerned that, despite these various documents and initiatives,

people with disabilities continue to face barriers to their participation in society

ties as equal members and with violations of their human rights in all

parts of the world

l) recognizing the importance of international cooperation to improve conditions

lives of people with disabilities in every country, especially in developing countries,

m) Recognizing the valuable current and potential contributions of persons with disabilities to the common good,

the state and diversity of their local communities and the fact that promoting the full enjoyment of human rights and fundamental freedoms by persons with disabilities,

A Also, the full participation of people with disabilities will strengthen their sense of belonging.

in particular and achieve significant advances in human, social and economic

social development and poverty eradication,

n) Recognizing that personal autonomy and independence are important to persons with disabilities, including the freedom to make their own choices,

o) Considering that persons with disabilities should have the opportunity to actively participate in

decision-making processes regarding policies and programs, including those

which directly concern them,

p) Concerned about the difficult conditions faced by persons with disabilities who are subject to multiple or exacerbated forms of discrimination based on

sign of race, skin color, gender, language, religion, political and other beliefs, national

national, ethnic, aboriginal or social origin, property, birth, age or other circumstance,

q) Recognizing that women and girls with disabilities both at home and outside

are often at greater risk of violence, injury or abuse

malpractice, neglect or neglect, abuse 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

in this regard, about the obligations undertaken by States parties to the Convention on the Rights of the Child,

s) Emphasizing the need to take a gender perspective into account in all efforts to

promoting the full enjoyment of human rights and fundamental freedoms by persons with disabilities,

UN CONVENTION ON THE RIGHTS OF PERSONS WITH DISABILITIES

t) emphasizing the fact that the majority of persons with disabilities live in conditions of poverty, and

Recognizing in this regard the urgent need to address the problem of negative

th impact of poverty on people with disabilities,

u) pay attention to that an environment of peace and security based on

full respect for the purposes and principles set out in the Charter of the United Nations

Nations, and on compliance with applicable human rights treaties, which are

is an indispensable condition for the full protection of persons with disabilities, in particular during armed conflicts and foreign occupation,

v) recognizing that accessibility to physical, social, economic and

cultural environment, health and education, as well as information and communication

zi, as it allows persons with disabilities to fully enjoy all rights

human and fundamental freedoms,

w) pay attention to that each individual person, having responsibilities in

in relation to other people and the community to which he belongs, must strive to promote and respect the rights recognized in the International Bill of Human Rights,

x) being convinced that the family is the natural and fundamental unit

society and has the right to protection from society and the state and that disabled

People and their families should receive the necessary protection and assistance to enable families to contribute to the full and equal enjoyment of the rights of persons with disabilities,

y) Convinced that a comprehensive and unified international convention

tion on the promotion and protection of the rights and dignity of persons with disabilities will be an important contribution

V overcoming the deeply disadvantaged social position of persons with disabilities and increasing their participation in civil, political, economic, social and cultural life with equal opportunities - in both developed and developing countries,

have agreed as follows:

The purpose of this Convention is to promote, protect and ensure

the full and equal enjoyment by all persons with disabilities of all human rights and fundamental freedoms, and the promotion of respect for their inherent dignity.

Disabled people include persons with stable physical, mental, intellectual

lectual or sensory impairments that, when interacting with different

personal barriers may prevent them from fully and effectively participating in society on an equal basis with others.

UN CONVENTION ON THE RIGHTS OF PERSONS WITH DISABILITIES

Definitions

For the purposes of this Convention:

“communication” includes the use of languages, texts, Braille, tactile

communication, large print, accessible multimedia, as well as printed

materials, audio, ordinary language, readers, as well as amplifying and alter-

native methods, methods and formats of communication, including accessible information and communication technology;

“language” includes spoken and signed languages ​​and other forms of non-speech languages;

“discrimination on the basis of disability” means any distinction, exclusion or restriction on the basis of disability, the purpose or effect of which is

derogation or denial of recognition, realization or implementation on an equal basis

with others of all human rights and fundamental freedoms in political, economic,

social, cultural, civil or any other area. It includes all forms of discrimination, including denial of reasonable accommodation;

"reasonable accommodation" means making it when necessary in a particular

necessary and appropriate modifications and adjustments that do not constitute

a disproportionate or unjustifiable burden to ensure that persons with disabilities enjoy or enjoy, on an equal basis with others, all human rights and fundamental freedoms;

"universal design" means the design of objects, environments, programs and

services designed to make them usable to the greatest extent possible by all people without the need for adaptation or special design. “Universal design” does not exclude assistive devices for specific disability groups where needed.

General principles

The principles of this Convention are:

a) respect for a person’s inherent dignity, personal autonomy,

including freedom to make one's own choices and independence;

b) non-discrimination;

c) full and effective involvement and inclusion in society;

d) respect for the characteristics of persons with disabilities and their acceptance as a component of humankind

Chinese diversity and part of humanity;

e) equality of opportunity;

UN CONVENTION ON THE RIGHTS OF PERSONS WITH DISABILITIES

f) accessibility;

g) equality between men and women;

h) respect for developing abilities disabled children and respect for rights

disabled children to maintain their individuality.

General obligations

1. States Parties undertake to ensure and promote the full enjoyment of all human rights and fundamental freedoms by all persons with disabilities, without prejudice

there was discrimination based on disability. To this end, participating States

ki undertake:

a) take all appropriate legislative, administrative and other measures

to exercise the rights recognized in this Convention;

b) take all appropriate measures, including legislative ones, to change

repealing or repealing existing laws, regulations, customs and attitudes that discriminate against persons with disabilities;

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

d) refrain from any actions or methods that are not in accordance with this Convention and ensure that public authorities and institutions act in accordance with this Convention;

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

f) conduct or encourage research and development of

products, services, equipment and objects of universal design (as defined in Article 2 of this Convention) that can be tailored to the specific needs of a person with a disability requiring the least possible adaptation and minimum cost, promote their availability and use, and promote the idea of ​​universal design in the development of standards and guidelines;

g) conduct or encourage research and development, and promote the availability and use of new technologies, including

information and communication technologies, tools that facilitate mo-

mobility, devices and assistive technologies suitable for persons with disabilities, with

prioritizing low-cost technologies;

h) provide people with disabilities with accessible information about mobility aids, devices and assistive technologies, including new technologies

nologies, as well as other forms of assistance, support services and facilities;

Preamble

The States Parties to this Convention,

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

b) Recognizing that the United Nations has declared and established in the Universal Declaration of Human Rights and the International Covenants on Human Rights that every person is entitled to all the rights and freedoms set forth therein, without distinction of any kind,

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

d) 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 Abuses types of treatment and punishment, the Convention on the Rights of the Child and the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families,

(e) Recognizing that disability is an evolving concept and that disability is the result of interactions that occur between persons with impairments and attitudinal and environmental barriers that prevent their full and effective participation in society on an equal basis with others,

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

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

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

j) P Recognizing the need to promote and protect the human rights of all persons with disabilities, including those in need of enhanced support,

k) Concerned that, despite these various instruments and initiatives, persons with disabilities continue to face barriers to 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 to improve the living conditions of persons with disabilities in every country, especially in developing countries,

m) Recognizing the valuable current and potential contribution of persons with disabilities to the general well-being and diversity of their local communities and that promoting the full enjoyment of their human rights and fundamental freedoms by persons with disabilities, as well as the full participation of persons with disabilities, will enhance their sense of belonging and achieve significant gains in human, social and economic development of society and poverty eradication,

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

O) considering that persons with disabilities should be able to be actively involved in decision-making processes regarding policies and programs, including those that directly affect 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, aboriginal or social origin, property, birth, age or other circumstances,

q) Recognizing that women and girls with disabilities, both at home and outside, are often at greater risk of violence, injury or abuse, neglect or abuse, abuse or exploitation,

r) Recognizing that children with disabilities are entitled to fully enjoy all human rights and fundamental freedoms on an equal basis with other children, and recalling in this regard the obligations undertaken by States parties to the Convention on the Rights of the Child,

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

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

u) Whereas an environment of peace and security based on full respect for the purposes and principles set out in the Charter of the United Nations and compliance with applicable human rights instruments is a prerequisite for the full protection of persons with disabilities, in particular during armed conflicts and foreign occupation,

v) Recognizing that accessibility to the physical, social, economic and cultural environment, health and education, as well as information and communications is important to enable persons with disabilities to fully enjoy all human rights and fundamental freedoms,

w) Whereas every individual, having responsibilities towards others and the community to which he belongs, must strive to promote and respect the rights recognized in the International Bill of Human Rights,

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

y) being convinced that a comprehensive and unified international convention on the promotion and protection of the rights and dignity of persons with disabilities would make an important contribution to overcoming the profound social disadvantages of persons with disabilities and to enhancing their participation in civil, political, economic, social and cultural life with equal opportunities - as in developed countries , and in developing countries,

have agreed as follows:

Article 1. Purpose

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

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

Article 2. Definitions

Definitions

For the purposes of this Convention:

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

“language” includes spoken and signed languages ​​and other forms of non-speech languages;

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

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

“Universal design” means the design of products, environments, programs and services to make them usable by all people to the greatest extent possible, without the need for adaptation or special design. “Universal design” does not exclude assistive devices for specific disability groups where needed.

Article 3. General principles

General principles

The principles of this Convention are:

a) respect for a person's inherent dignity, personal autonomy, including the freedom to make one's own choices, and independence;

b) non-discrimination;

c) full and effective inclusion and participation in society;

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

e) equality of opportunity;

f) accessibility;

g) equality between men and women;

h) respect for the developing abilities of children with disabilities and respect for the right of children with disabilities to maintain their individuality.

Article 4. General obligations

General obligations

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

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

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

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

d) refrain from any actions or methods that are not in accordance with this Convention and ensure that public authorities and institutions act in accordance with this Convention;

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

f) conduct or encourage research and development into, promote the availability and use of, products, services, equipment and objects of universal design (as defined in Article 2 of this Convention) that can be tailored to the specific needs of a person with a disability and require the least possible adaptation and minimum cost; also promote the idea of ​​universal design in the development of standards and guidelines;

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

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

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

2. With regard to economic, social and cultural rights, each State Party undertakes to take, to the fullest extent possible the resources available to it and, where necessary, resort to international cooperation, measures to progressively achieve the full realization of these rights without prejudice to those set out in of this Convention, obligations that are directly applicable under international law.

3. In developing and implementing legislation and policies to implement this Convention and in other decision-making processes on issues affecting 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 this 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 laws of a State Party or international law in force in that State. There shall be no limitation or impairment of any human rights or fundamental freedoms recognized or existing in any State Party to this Convention, by virtue of law, convention, regulation or custom, on the pretext that this Convention does not recognize such rights or freedoms or that they are recognized to a lesser extent.

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

Article 5. Equality and non-discrimination

Equality and non-discrimination

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

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

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

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

Article 6. Disabled women

Disabled women

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

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

Article 7. Disabled children

Disabled children

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

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

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

Article 8. Educational work

Educational work

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

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

(b) Combat stereotypes, prejudices and harmful practices against persons with disabilities, including those based on gender and age, in all areas of life;

c) Promote the potential and contributions of persons with disabilities.

2. Measures taken for this purpose include:

a) launching and maintaining effective public education campaigns designed to:

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

ii) promote positive images of persons with disabilities and greater public understanding of them;

iii) promote recognition of the skills, strengths and abilities of persons with disabilities and their contributions in the workplace and labor market;

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

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

d) promoting educational and awareness-raising programs on persons with disabilities and their rights.

Article 9. Accessibility

Availability

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

a) on buildings, roads, transport and other internal and external objects, including schools, residential buildings, medical institutions and workplaces;

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

2. States Parties shall also take appropriate measures to:

a) develop, implement and monitor compliance with minimum standards and guidelines for the accessibility of facilities and services open or provided to the public;

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

c) provide training to all parties involved on accessibility issues faced by persons with disabilities;

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

e) provide various types of assistant and intermediary services, including guides, readers and professional sign language interpreters, to facilitate accessibility to buildings and other facilities open to the public;

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

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

h) encourage the design, development, production and dissemination of natively accessible information and communications technologies and systems so that the availability of these technologies and systems is achieved at minimal cost.

Article 10. Right to life

The right to live

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

Article 11. Situations of risk and humanitarian emergencies

Situations of risk and humanitarian emergencies

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

Article 12. Equality before the law

Equality before the law

1. The participating States reaffirm that everyone with disabilities, wherever they may be, has the right to equal legal protection.

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

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

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

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

Article 13. Access to justice

Access to justice

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

2. To facilitate effective access to justice for persons with disabilities, States Parties shall promote appropriate training for persons working in the administration of justice, including in the police and prison systems.

Article 14. Freedom and personal integrity

Freedom and Personal Security

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

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

b) have not been deprived of liberty unlawfully or arbitrarily and that any deprivation of liberty is in accordance with the law and that the presence of a disability in no case becomes a basis for deprivation of liberty.

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

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

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

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

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

Article 16. Freedom from exploitation, violence and abuse

Freedom from exploitation, violence and abuse

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

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

3. In an effort to prevent all forms of exploitation, violence and abuse, States Parties shall ensure that all institutions and programs serving persons with disabilities are subject to effective oversight 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 are victims of any form of exploitation, violence or abuse, including through the provision of protection services. Such recovery and reintegration takes place in an environment that promotes the health, well-being, self-respect, dignity and autonomy of the person concerned, and is carried out in an age- and gender-specific way.

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

Article 17. Protection of personal integrity

Protecting Personal Integrity

Every person with disabilities has the right to have their physical and mental integrity respected on an equal basis with others.

Article 18. Freedom of movement and citizenship

Freedom of movement and citizenship

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

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

(b) are not prevented, by reason of disability, from obtaining, possessing and using documents confirming their citizenship or other identification of their identity, or from using appropriate procedures, such as immigration, that may be necessary to facilitate the exercise of the right to freedom of movement;

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

d) have not been arbitrarily or on account of disability deprived of the right to enter their own country.

2. Disabled children are registered immediately after birth and from the moment of birth have the right to a name and to acquire a nationality and, to the greatest extent possible, the right to know their parents and the right to be cared for by them.

Article 19. Independent living and involvement in the local community

Independent living and involvement in the local community

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

a) disabled people had the opportunity, on an equal basis with other people, to choose their place of residence and where and with whom to live, and were not obliged to live in any specific living conditions;

b) persons with disabilities have access to a range of home-based, community-based and other community-based support services, including personal assistance necessary to support living in and inclusion in the community and to avoid isolation or segregation from the community ;

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

Article 20. Individual mobility

Individual mobility

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

a) promoting individual mobility of persons with disabilities in the way, at the time, and at an affordable price;

(b) Facilitating access for persons with disabilities to quality mobility aids, devices, assistive technologies and assistive services, including by making them available at an affordable price;

c) training people with disabilities and specialists working with them in mobility skills;

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

Article 21. Freedom of expression and belief and access to information

Freedom of expression and belief and access to information

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

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

b) acceptance and promotion of the use in official communications of: sign languages, Braille, augmentative and alternative modes of communication and all other accessible modes, methods and formats of communication of the choice of persons with disabilities;

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

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

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

Article 22. Privacy

Privacy

1. Regardless of place of residence or living conditions, no disabled person should be subjected to arbitrary or unlawful attacks on the inviolability of his private life, family, home or correspondence and other types of communication, or unlawful attacks on his honor and reputation. Persons with disabilities have the right to the protection of the law against such attacks or attacks.

2. The participating states shall protect the confidentiality of information about the identity, state of health and rehabilitation of persons with disabilities on an equal basis with others.

Article 23. Respect for home and family

Respect for home and family

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

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

(b) Recognize the rights of persons with disabilities to make free and responsible decisions about the number and spacing of children and to access age-appropriate information and education about reproductive behavior and family planning, and provide means to enable them to exercise these rights;

c) persons with disabilities, including children, retain their fertility on an equal basis with others.

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

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

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

5. States Parties undertake, in the event that immediate relatives are unable to provide care for a disabled child, to make every effort to organize alternative care through the involvement of more distant relatives, and if this is not possible, through the creation of family conditions for the child to live in the local community.

Article 24. Education

Education

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

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

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

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

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

a) persons with disabilities are not excluded because of disability from the general education system, and disabled children are not excluded from the system of free and compulsory primary or secondary education;

(b) Persons with disabilities have equal access to inclusive, quality and free primary and secondary education in their areas of residence;

c) reasonable accommodation is provided to suit individual needs;

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

(e) In an environment that maximizes learning and social development, effective individualized support is provided to ensure full inclusion.

3. States Parties shall provide persons with disabilities with the opportunity to learn life and socialization skills to facilitate their full and equal participation in education and as members of the local community. The participating States are taking appropriate measures in this regard, including:

a) promote the acquisition of Braille, alternative scripts, augmentative and alternative methods, modes and formats of communication, as well as orientation and mobility skills, and promote peer support and mentoring;

b) promote the acquisition of sign language and the promotion of the linguistic identity of deaf people;

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

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

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

Article 25. Health

Health

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

a) provide persons with disabilities with the same range, quality and level of free or low-cost health services and programs as other persons, including in the area of ​​sexual and reproductive health and through public health programs offered to the population;

(b) provide those health services that are needed by persons with disabilities as a direct result of their disability, including early diagnosis and, where appropriate, intervention and services designed to minimize and prevent the further occurrence of disability, including among children and the elderly;

c) organize these health services as close as possible to where these people live, including in rural areas;

d) require health care professionals to provide services to persons with disabilities of the same quality as those provided 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 education and acceptance ethical standards for public and private health care;

(e) Prohibit discrimination against persons with disabilities in the provision of health and life insurance, where the latter is permitted by national law, and provide that it is provided on a fair and reasonable basis;

f) do not discriminately deny health care or health care services or food or fluids on the basis of disability.

Article 26. Habilitation and rehabilitation

Habilitation and rehabilitation

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

a) were implemented as early as possible and were based on a multidisciplinary assessment of the individual's needs and strengths;

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

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

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

Article 27. Labor and employment

Labor and employment

1. States Parties recognize the right of persons with disabilities to work on an equal basis with others; it includes the right to the opportunity to earn a living by work that a person with disabilities freely chooses or accepts, in conditions where the labor market and work environment are open, inclusive and accessible to persons with disabilities. States Parties shall ensure and encourage the realization of the right to work, including by those persons who become disabled during their work activities, by taking, including through legislation, appropriate measures aimed, in particular, at the following:

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

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

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

d) enabling persons with disabilities to effectively access general technical and vocational guidance programmes, employment services and vocational and continuing education;

(e) expanding labor market opportunities for employment and advancement of persons with disabilities, as well as providing assistance in finding, obtaining, maintaining and re-entering employment;

f) expanding opportunities for self-employment, entrepreneurship, development of cooperatives and organizing your own business;

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

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

i) providing persons with disabilities with reasonable accommodation in the workplace;

j) encouraging persons with disabilities to gain work experience in an open labor market;

k) promoting vocational and skill rehabilitation, job retention and return to work programs for persons with disabilities.

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

Article 28. Adequate standard of living and social protection

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 continued improvement of living conditions, and take appropriate measures to ensure and promote the realization of this right without discrimination on the basis of disability.

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

a) to ensure that persons with disabilities have equal access to clean water and to ensure access to adequate and affordable services, devices and other assistance to meet disability-related needs;

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

(c) To ensure that persons with disabilities and their families living in poverty have access to government assistance to cover disability-related costs, including appropriate training, counseling, financial assistance and respite care;

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

e) to ensure that people with disabilities have access to pension benefits and programs.

Article 29. Participation in political and public life

Participation in political and public life

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

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

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

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

(iii) guaranteeing the free expression of the will of persons with disabilities as voters and, to this end, granting, where necessary, their requests for assistance with voting by a person of their choice;

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

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

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

Article 30. Participation in cultural life, leisure and recreation and sports

Participation in cultural life, leisure and recreation and sports

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

a) had access to cultural works in accessible formats;

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

c) have access to cultural venues or services such as theatres, museums, cinemas, libraries and tourism services, and to the greatest extent possible have access to monuments and sites of national cultural significance.

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

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

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

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

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

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

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

d) to ensure that children with disabilities have equal access to participation in play, leisure and sporting activities, including activities within the school system, as other children;

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

Article 31. Statistics and data collection

Statistics and data collection

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

a) Comply with legally established safeguards, including data protection legislation, to ensure the confidentiality and privacy of persons with disabilities;

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

2. Information collected in accordance with this article shall be disaggregated as appropriate and used to facilitate the assessment of how States Parties are fulfilling their obligations under this Convention and to identify and address barriers that persons with disabilities face in the enjoyment of their rights.

3. States Parties take responsibility for disseminating these statistics and ensuring their accessibility to persons with disabilities and others.

Article 32. International cooperation

The international cooperation

1. States Parties recognize the importance of international cooperation and its promotion in support of national efforts to achieve the goals and objectives of this Convention and take appropriate and effective measures in this regard interstate and, where appropriate, in partnership with relevant international and regional organizations and civil society, in particular organizations of people with disabilities. Such measures could include, in particular:

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

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

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

d) providing, where appropriate, technical and economic assistance, including through facilitating access to and sharing of accessible and assistive technologies, as well as through technology transfer.

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

Article 33. National implementation and monitoring

National implementation and monitoring

1. States Parties, in accordance with their organizational structure, shall designate one or more authorities within government responsible for matters related to the implementation of this Convention and shall give due consideration to the possibility of establishing or designating a coordination mechanism within government to facilitate related work in various sectors and areas. levels.

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

3. Civil society, in particular people with disabilities and their representative organizations, are fully involved in and participate in the monitoring process.

Article 34. Committee on the Rights of Persons with Disabilities

Committee on the Rights of Persons with Disabilities

1. There shall be established a Committee on the Rights of Persons with Disabilities (hereinafter referred to as the “Committee”), which shall perform the functions provided for below.

2. At the time of entry into force of this Convention, the Committee shall consist of twelve experts. After another sixty ratifications of or accessions to the Convention, the membership of the Committee increases by six persons, reaching a maximum of eighteen members.

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

4. The members of the Committee are elected by the States Parties, with due regard to equitable geographical distribution, representation of different forms of civilization and major legal systems, gender balance and the participation of experts with disabilities.

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

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

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

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

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

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

11. The Secretary-General of the United Nations shall provide the necessary personnel and facilities for the effective performance by the Committee of its functions under this Convention and shall convene its first meeting.

12. The members of the Committee established in accordance with this Convention shall receive remuneration approved by the General Assembly of the United Nations from the funds of the United Nations in the manner and under the conditions established by the Assembly, having regard to the importance of the duties of the Committee.

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

Article 35. Reports of States Parties

Reports of States Parties

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

2. States parties shall then submit subsequent reports at least once every four years, and whenever requested by the Committee.

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

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

5. The reports may indicate factors and difficulties affecting the degree of fulfillment of the obligations under this Convention.

Article 36. Consideration of reports

Review of reports

1. Each report is examined by the Committee, which makes proposals and general recommendations on it that it considers appropriate and forwards them to the State Party concerned. A State Party may, by way of response, forward to the Committee any information it chooses. The Committee may request from States Parties additional information relevant to the implementation of this Convention.

2. When a State Party is significantly late in submitting a report, the Committee may notify the State Party concerned that if no report is submitted within three months of such notification, the implementation of this Convention in that State Party will need to be reviewed based on reliable information available to the Committee. The Committee invites the State party concerned to participate in such a review. If a State Party submits a corresponding report in response, the provisions of paragraph 1 of this article shall apply.

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

4. States Parties shall ensure that their reports are widely available to the public in their own countries and that proposals and general recommendations relating to these reports can be made readily available.

5. Whenever the Committee considers it appropriate, it shall transmit reports of States Parties to the specialized agencies, funds and programs of the United Nations and other competent bodies for their attention to the request for technical advice or assistance contained therein or to the need for the latter, together with the Committee's observations and recommendations (if any) regarding these requests or instructions.

Article 37 Cooperation between States Parties and the Committee

Cooperation between States Parties and the Committee

1. Each State Party shall cooperate with the Committee and provide assistance to its members in carrying out their mandate.

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

Article 38. Relations of the Committee with other bodies

Relations of the Committee with other bodies

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

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

(b) In carrying out its mandate, the Committee shall consult, as appropriate, with other relevant bodies established by international human rights treaties to ensure consistency in their respective reporting guidelines, proposals and general recommendations and avoid duplication and parallelism in the implementation of their functions.

Article 39. Report of the Committee

Report of the Committee

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

Article 40 Conference of States Parties

Conference of States Parties

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

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

Article 41. Depository

Depository

The Depositary of this Convention is the Secretary-General of the United Nations.

Article 42. Signature

Signing

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

Article 43. Consent to be bound

Consent to be bound

This Convention is subject to ratification by signatory States and formal confirmation by signatory regional integration organizations. It is open to accession by any state or regional integration organization that has not signed this Convention.

Article 44. Regional integration organizations

Regional integration organizations

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

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

4. In matters within their competence, regional integration organizations may exercise their right to vote at 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

Entry into force

1. This 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 this Convention after the deposit of the twentieth such instrument, the Convention shall enter into force on the thirtieth day after the deposit of its such instrument.

Article 46. Reservations

Reservations

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

2. Reservations can be withdrawn at any time.

Article 47. Amendments

Amendments

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

2. An amendment approved and approved in accordance with paragraph 1 of this article shall enter into force on the thirtieth day after the number of instruments of acceptance deposited reaches two-thirds of the number of States Parties on the date of approval of the amendment. The amendment shall subsequently enter into force for any State Party on the thirtieth day after the deposit of its instrument of acceptance. The amendment is binding only on those member states that have accepted it.

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

Article 48. Denunciation

Denunciation

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

Article 49. Accessible format

Available format

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

Article 50. Authentic texts

Authentic texts

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

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

The Convention entered into force for the Russian Federation on October 25, 2012.



Electronic document text
prepared by Kodeks JSC and verified against:
Bulletin of international
contracts, No. 7, 2013

Version for children with disabilities

The Convention on the Rights of Persons with Disabilities is an agreement signed by countries around the world that guarantees equality between disabled and non-disabled people. Conventions—sometimes called treaties, covenants, international agreements, and legal instruments—tell your government what to do so that you can enjoy your rights. This applies to all adults and children with disabilities, both boys and girls.

I may not have legs
But the feelings remained,
I can't see
But I think all the time
I can't hear at all
But I want to communicate
So why do people
They don't see my benefit
They don’t know my thoughts, they don’t want to communicate.
Cause I can think just like everyone else
About what surrounds me and everyone else.
Coralie Severs, 14, United Kingdom

This poem reflects the problems of millions of children and adults who are disabled and living in different countries of the world. Many of them are discriminated against every day. Their capabilities are not noticed, their abilities are underestimated. They do not receive the necessary education and health care, and do not participate in the life of their communities.

But children and adults with disabilities have the same rights as other people.

The Convention on the Rights of Persons with Disabilities was adopted on December 13, 2006. As of April 2, 2008, the Convention had been ratified by 20 countries, which means it entered into force on May 3, 2008 (see the provisions of the Convention on the Disability Rights website).

Although the Convention applies to all people with disabilities, regardless of their age, this book addresses the importance of rights in the lives of children, because you are so important to us all.

Why is the Convention needed?

If you, your parent or another family member has a disability, you will find useful information and support in the Convention. It will guide you, your family and friends who want to help you in exercising your rights. It also determines what measures the government must take to ensure that persons with disabilities can enjoy their rights.

People with different types of disabilities from around the world worked with their governments to develop the text of this Convention. Their ideas are based on activities and existing laws that have helped people with disabilities learn, get jobs, have fun, and live happily in their communities.

There are many rules, attitudes and even buildings that need to be changed so that a disabled child can go to school, play and do the things that all children want to do. If your government has ratified the Convention, it has agreed to these changes.

It is important to remember that the rights set out in the Convention are not new. These are the same human rights that are enshrined in the Universal Declaration of Human Rights, the Convention on the Rights of the Child and other international human rights agreements. The Convention on the Rights of Persons with Disabilities ensures that these rights are respected for persons with disabilities.

Action for change

This is why the Convention on the Rights of Persons with Disabilities was developed. This international agreement requires all governments to protect the rights of children and adults with disabilities.

UNICEF and its partners are committed to encouraging all countries to sign the Convention. This will protect disabled children from discrimination and help them become productive members of society. Each of us has a role to play. Read the information below to learn how to take part in ensuring that everyone is treated properly.

Understand what a disability is

Have you ever felt like everyone has forgotten about you? Children and adults who have difficulty seeing, learning, walking or hearing often feel forgotten. There are many obstacles that may prevent them from participating in society on an equal basis with others, which in most cases are imposed by society itself. For example, a child in a wheelchair also wants to go to school. But he cannot do this because the school does not have ramps, and the school principal and teachers do not pay attention to this. A necessary condition for reaching everyone is changing existing rules, attitudes and even buildings.

Summary of the Convention on the Rights of Persons with Disabilities

Optimism is the motto of our life,
Listen, you, my friend, and all of you, my friends.
Let your motto be love and faith.
The merciful God gave life
To all beings in heaven and on earth.
If you have disabled friends,
Be close to them to give them protection,
Instill in them optimism and love for life,
Tell them only cowards get discouraged
Brave people are stubborn and persistent.
We live for hope.
A kind smile will unite us.
There is no place for despair in life and you cannot live in despair.
Javan Jihad Medhat, 13, Iraq

The convention contains many promises. The 50 articles of the Convention make clear what these promises are. In the following, the word “government” will mean the governments of those countries that have ratified the Convention (they are also called “state parties”).

What does it mean to ratify?

Governments that ratify the Convention agree to do everything possible to give effect to its provisions. Check to see if your state has ratified this Convention. If so, you may want to remind government officials of their obligations. The United Nations publishes a list of states that have signed the Convention and agreed to its provisions.

Article 1: Purpose

This article sets out the main purpose of the Convention, which is to promote, protect and ensure the full and equal enjoyment by all persons with disabilities, including children, of all human rights and fundamental freedoms.

Article 2: Definitions

This article provides a list of words that have specific definitions in the context of this Convention. For example, “language” means spoken and signed languages ​​and other forms of non-speech languages. “Communication” includes the use of languages, texts, Braille (which uses raised dots to represent letters and numbers), tactile communication, large print, and accessible multimedia (such as Internet sites and audio recordings).

Article 3: Basic principles

The principles (basic provisions) of this Convention are as follows:

• respect for a person's inherent dignity, personal autonomy, including the freedom to make one's own choices, and independence;
• non-discrimination (equal treatment for everyone);
• full and effective involvement and inclusion in society;
• respect for the characteristics of persons with disabilities and their acceptance as a component of human diversity and part of humanity;
• equality of opportunity;
• accessibility (ready access to vehicles, places and information and not being denied access on the basis of disability);
• equality between men and women (boys and girls also have equal opportunities);
• respect for the developing abilities of children with disabilities and respect for the right of children with disabilities to maintain their individuality (the right to have your abilities respected and the right to be proud of yourself).

Article 4: General obligations

Legislation should not include laws that discriminate against persons with disabilities. Where necessary, the government should develop new laws to protect the rights of people with disabilities and implement these laws in practice. If previous laws are discriminatory, the government should change them. Governments should consult with persons with disabilities, including children with disabilities, when developing new laws and policies.

What are laws?

Laws are rules that everyone must follow so that people live in mutual respect and safety.

Article 5: Equality and non-discrimination

If there are laws that limit the opportunities for children with disabilities compared to other children, those laws need to be changed. The Government should consult with organizations on children with disabilities when introducing amendments to such laws and policies.

Governments recognize that all persons have the right to the protection and equal benefit of the law within the country in which they live.

Article 6: Women with disabilities

Governments are aware that women and girls with disabilities face multiple discrimination. They undertake to protect their human rights and freedoms.

Article 7: Disabled children

Governments shall take all necessary measures to ensure that children with disabilities fully enjoy all human rights and fundamental freedoms on an equal basis with other children. They also ensure that children with disabilities have the right to freely express their views on all issues that affect them. What is best for each child should always come first.

Article 8: Educational work

Disabled boys and girls have the same rights as all children. For example, all children have the right to go to school, to play and to be protected from violence, and to participate in decision-making on issues that affect them. Governments must provide this information, as well as the necessary support to realize the rights of children with disabilities.

The media should report on injustices towards children and adults with disabilities.

Governments should work to ensure that the entire society is educated about the rights and dignity of persons with disabilities, as well as their achievements and skills. They commit to combating stereotypes, prejudices and harmful practices against persons with disabilities. For example, your school should encourage respect for people with disabilities, and even young children should learn this.

Article 9: Accessibility

Governments are committed to providing people with disabilities with the opportunity to live independently and participate in their communities. Any public place, including buildings, roads, schools and hospitals, must be accessible to persons with disabilities, including disabled children. If you are in a public building and need assistance, you should have a guide, reader or professional fingerprint interpreter at your disposal to help you.

Article 10: Right to life

Every person is born with the right to life. Governments guarantee persons with disabilities the inalienable right to life on an equal basis with others.

Article 11: Situations of risk and emergency situations

Persons with disabilities, like all other people, have the right to protection and safety in the event of war, an emergency, or a natural disaster such as a hurricane. By law, you cannot be turned away from a shelter or left alone while rescuing other people simply because you are disabled.

Article 12: Equality before the law

Persons with disabilities have the same legal capacity as other people. This means that when you grow up, whether you are disabled or not, you will be able to get student loans or sign a lease to rent an apartment. You may also be the owner or heir of the property.

Article 13: Access to justice

If you have been the victim of a crime, seen others harmed, or have been accused of committing an illegal act, you have the right to receive impartial treatment in the investigation and adjudication of your case. You must be provided with assistance so that you can participate in all stages of the legal process.

Article 14: Liberty and security of person

Governments should ensure that the freedom of people with disabilities, like the freedom of everyone else, is protected by law.

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

No one should be subjected to torture or ill-treatment. Every person also has the right to refuse to undergo medical or scientific experiments on him.

Article 16: Protection from violence and abuse

Children with disabilities should be protected from violence and abuse. They must be protected from abuse both at home and outside. If you have been abused or mistreated, you have the right to help to stop the abuse and get back to health.

Article 17: Personal protection

No one can treat you poorly because of your physical or mental characteristics. You have the right to be respected for who you are.

Article 18: Freedom of movement and citizenship

You have the right to life. This is a benefit given to you, and according to the rules of law, no one can take it away from you.

Every child has the right to a legally registered name, nationality, and, to the greatest extent possible, the right to know and be cared for by his parents. It is also impossible to prohibit a person from entering or leaving a country because of his disability.

Article 19: Independent living and community involvement

People have the right to choose where they live, whether they are disabled or not. When you grow up, you will have the right to live independently if you want to, as well as the right to be involved in your local community. You must also be given access to the support services needed to support living in the community, including help at home and personal assistance.

Article 20: Individual mobility

Children with disabilities have the right to move freely and independently. Governments must assist them in this.

Article 21: Freedom of expression and belief and access to information

People have the right to express their opinions, to seek, receive and impart information, and to receive information in forms that can be used and understood.

How can technology help?

Telephones, computers and other technical means must be such that people with disabilities can easily use them. For example, websites should be designed to allow the information they contain to be used by people who have difficulty using a keyboard, vision or hearing, or in another format. The computer may be equipped with a Braille keyboard or a speech synthesizer that speaks words that appear on the screen.

Article 22: Privacy

No one has the right to interfere in the privacy of people, regardless of whether they are disabled or not. People who have information about others, such as health information, should not disclose this information.

Article 23: Respect for home and family

Children with disabilities have the right to move freely and independently.

People have the right to live in their families. If you are disabled, the government should support your family through disability-related costs, information and services. You cannot be separated from your parents because of your disability! If you cannot live with your immediate family, the government should provide care for you through extended family or the community. Young people with disabilities have the same right as others to receive information about reproductive health, as well as the right to marry and start a family.

Article 24: Education

All people have the right to go to school. Just because you are disabled doesn't mean you shouldn't get an education. You don't need to go to special schools. You have the right to go to the same school and study the same subjects as other children, the government is obliged to provide you with the necessary help. For example, it should provide you with the ability to communicate so that your teachers understand how to respond to your needs.

Articles 25 and 26: Health and rehabilitation

Persons with disabilities have the right to receive health care services of the same quality and standard as others. If you have a disability, you also have the right to receive medical and rehabilitation services.

Article 27: Labor and employment

Persons with disabilities have an equal right to freely choose their place of work without being discriminated against.

Article 28: Adequate standard of living and social protection

Persons with disabilities have the right to receive food, clean water, clothing and housing without discrimination on the basis of disability. The government should help disabled children living in poverty.

Article 29: Participation in political and public life

Persons with disabilities have the right to take part in political and public life. When you reach the legal age in your country, you will be able to form political or community groups, serve the public, have access to voting booths, vote and be elected to government office, whether you are disabled or not.

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

Disabled people, on an equal basis with others, have the right to engage in art, sports, take part in various games, act in films, etc. Therefore, theatres, museums, playgrounds and libraries must be accessible to everyone, including children with disabilities.

Article 31: Statistics and data collection

States Parties should collect data on persons with disabilities to improve programs and services. Persons with disabilities participating in research have the right to be treated with respect and humanity. Any private information coming from them must be kept confidential. The statistics collected must be accessible to persons with disabilities and others.

Article 32: International cooperation

States Parties should assist each other in implementing the provisions of the Convention. States that have more resources (such as scientific information, useful technologies) are shared with other states so that more people can enjoy the rights enshrined in the Convention.

Articles 33 to 50: Provisions on cooperation, monitoring and implementation of the Convention

In total, the Convention on the Rights of Persons with Disabilities consists of 50 articles. Articles 33 to 50 address how adults, particularly persons with disabilities and their organizations, and governments should cooperate to ensure that the rights of all persons with disabilities are fully respected.

Two worlds...
The world of sounds and the world of silence,
Ghostly, and unable to unite...
Tears are rolling...
Without asking, both worlds reject
Forcing you to feel that you don't belong...
Tears are rolling...
However, hands
Repel, attract and support
Incessantly...
Tears are rolling, a smile is visible through them...
I'm still between two worlds
But I'm loved...
Sarah Leslie, 16 years old, USA

How rights become reality

The rights of disabled children are no different from the rights of all children. You yourself can tell the world about the Convention. People must speak up and take action if they want a society that is inclusive of all people.

If you are disabled, this Convention offers you, your family and your government the tools to realize your rights and dreams. You should have equal opportunities to go to school and participate in activities. The adults around you should help you move around, communicate and play with other children, regardless of your disability.

You are a citizen, a member of your family and community, and you have a lot to contribute.

Stand up for your rights and others will stand with you. All children CAN go to school, CAN play and CAN participate in everything. There is no word “I can’t”, there is only the word “I CAN”.
Victor Santiago Pineda

Glossary

Assistive devices - means without which you will not be able to perform certain actions; for example, a wheelchair that helps you move around, or large print on a computer screen that is easier to read.

Universal Declaration of Human Rights - a declaration that lists the rights of all people. It was proclaimed by UN member states on December 10, 1948.

States Parties - countries that have signed and agreed to the text of the Convention.

Discrimination - unfair treatment of a person or group of people for reasons such as race, religion, gender or differences in ability.

Dignity is an innate value and right to respect that every person has. This is self-respect. Treating you with dignity means treating you with respect from other people.

Law - relating to the law, based on the law or required by law.

Implementation - bringing something into execution. The implementation of the articles of this Convention implies the implementation of the promises contained in it.

Committee - a group of people chosen to work together and help a larger group of people.

Communication - information exchange. It also includes the method of reading, speaking, or understanding information using multimedia, large print, Braille, sign language, or reading services.

Convention - a treaty or agreement concluded by a group of countries in order to develop and enforce the same laws.

Convention on the Rights of the Child - an agreement providing that all children can enjoy their rights as members of society and receive the special care and protection they need as children. It is the treaty adopted by the largest number of countries in the entire history of human rights documents.

Convention on the Rights of Persons with Disabilities - an agreement stipulating that all people, including disabled children, have equal rights.

Muscular dystrophy - a disease that causes muscles to weaken over time.

Community - a group of people living in a certain place. It also means a group of people with common interests and problems.

United Nations - an organization that includes almost all countries of the world. Government representatives from various countries meet at the UN in New York and work together to promote peace and improve the lives of all people.

Accept - formally approve and approve (for example, a convention or declaration).

Inherent dignity of man - a dignity that all people possess from the moment of birth.

Ratification (ratify) - formal approval of a signed convention or agreement and giving it the status of law in a given country.

Articles - a paragraph or section of a legal document that has its own number; These numbers help you find information, write and talk about it.

UNICEF - UN Children's Fund. It is an agency of the UN system that works on children's rights, survival, development and protection in order to make the world a better, safer and friendlier place for children and for all of us.

What can you do?

It is important to change existing attitudes and rules so that children with disabilities can go to school, play and do the things that all children want to do. Do your school have children with disabilities and do they participate in all activities? Do teachers listen to and help those of you with special needs? Is the school building equipped with ramps, does it have a fingerprint interpreter or other assistive technology? Fine! This means that your school treats children with disabilities fairly and gives them equal opportunities to learn. Your school complies with the Convention.

Unfortunately, many people treat disabled children unfairly. You can do your part to ensure that there is no discrimination in your community. In your home and school, you can begin to work to change the opinions of your parents and teachers.

There are many things you can do to educate others about the Convention on the Rights of Persons with Disabilities and the potential of young people with disabilities. For example, you can:

Join an organization or take part in a campaign. Quantity gives strength. To join forces, you can support or join a local chapter of a national or global organization. They can run special campaigns and programs for young people.

Create your own project. Start an awareness campaign, organize a fundraiser, do research (Has anyone you know been discriminated against? Perhaps your school only has stairs and no ramps?), write a petition asking for the obstacles you find to be removed .

Organize a club to promote the implementation of the provisions of the Convention. Gather children with different abilities, hold friends' meetings and invite new people. Watch movies together and have dinners together. Just have fun and enjoy each other's unique abilities and talents.

Give a presentation at your school and in neighboring schools, talk about the rights of people with disabilities. Get creative. Make posters and perform skits to help your classmates understand their rights under the Convention. Ask a parent or teacher to help organize the presentation and determine the location and time for it. Invite the school principal to your presentation.

With your friends, you can make various crafts that will educate people about the rights of people with disabilities. These can be drawings, paintings and sculptures - anything that helps spread information. Try exhibiting your work at school, local libraries, galleries, or restaurants—anywhere people can appreciate your art. Over time, you can change the location of your collection, then more people will know about the Convention.

We've just given a few ideas as to what you can do - there are no restrictions. Ask an adult to help you implement your ideas and get down to business.

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