Draft international convention of the United Nations on the rights of persons with disabilities. Russia has ratified the UN Convention on the Rights of Persons with Disabilities Legal principles in the Convention on the Rights of Persons with Disabilities
...Article 1.
Target
The purpose of this Convention is to promote, protect and ensure the full and equal enjoyment by all persons with disabilities of all human rights and fundamental freedoms and to promote respect for their inherent dignity.
Persons with disabilities include 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
For the purposes of this Convention:
"communication" includes the use of languages, text, 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 necessary 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
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
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 that are more conducive to the realization of the rights of persons with disabilities and 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
1. The participating States recognize that all persons are equal before and under the law and are entitled to the equal protection and benefit of the law without any discrimination.
2. States Parties shall prohibit any discrimination on the basis of disability and shall guarantee to persons with disabilities equal and effective legal protection against discrimination on any ground...
Article 6.
Disabled women
1. States Parties recognize that women and girls with disabilities are subject to multiple discrimination and, in this regard, take measures to ensure their full and equal enjoyment of all human rights and fundamental freedoms...
Article 7.
Disabled children
1. States Parties shall take all necessary measures to ensure that children with disabilities fully enjoy all human rights and fundamental freedoms on an equal basis with other children.
2. In all actions concerning children with disabilities, the best interests of the child shall be a primary consideration...
Article 8.
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.
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 assistance 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
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
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
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.
...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 so that people with disabilities are not arbitrarily deprived of their property.
Article 13.
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.
Article 14.
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) are not 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
...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
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.
...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 18.
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) had the right to acquire and change nationality and were not deprived of their nationality arbitrarily or due to 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
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 by persons with disabilities of this right and their full inclusion and inclusion in the local community, including ensuring that:
a) persons with disabilities 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) public services and facilities intended for the general population are equally accessible to persons with disabilities and meet their needs.
Article 20.
Individual mobility
States Parties shall take effective measures to ensure 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) Facilitate access of persons with disabilities to quality mobility aids, devices, assistive technologies and assistive services, including by making them available at an affordable price;
...d) encouraging businesses involved in the production of 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
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 into account different forms of disability, in a timely manner and at no additional cost;
...c) actively encouraging private enterprises providing services to the general public, including via the Internet, to provide information and services in accessible and suitable 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;
e) recognition and encouragement of the use of sign languages.
Article 22.
Privacy
1. Regardless of place of residence or living conditions, no disabled person shall be subjected to arbitrary or unlawful attacks on the inviolability of his private life, family, home or correspondence and other types of communication, or to 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
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...
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...
Article 24.
Education
1. States Parties recognize the right of persons with disabilities to education. In order to realize this right without discrimination and on the basis of equality of opportunity, 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) people with disabilities were not excluded due to disability from the general education system, and disabled children were 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 accommodations are 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.
...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
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
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 areas 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. Member States shall encourage the development of initial and continuing training for 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
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
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. ..
Article 29.
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 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
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 programs, 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 cultural national 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...
What laws of the Russian Federation determine state policy in relation to disabled people?
State policy in the field of social protection of disabled people in the Russian Federation is determined by Federal Law No. 181-FZ “On social protection of disabled people in the Russian Federation” dated November 24, 1995.
(adopted by the State Duma on July 20, 1995, approved by the Federation Council on November 15, 1995; as amended by the Federal Laws of all subsequent years).
In our answers to your questions, we will follow the structure and logic of this Law and quote articles from it. We will also rely on the provisions of other government documents that talk about what and who a person with disabilities can hope and count on in our country.
The goal of the state policy of the Russian Federation is “to provide disabled people with equal opportunities with other citizens in the implementation of civil, economic, political and other rights and freedoms provided for by the Constitution of the Russian Federation, as well as in accordance with the generally recognized principles and norms of international law and international treaties of the Russian Federation.”
What government services deal with the problems of people with disabilities?
1. The “biography” of a disabled person begins with the territorial state institution of medical and social examination. For example, in the Perm Territory there is a Federal State Institution “Main Bureau of Medical and Social Expertise in the Perm Territory” (its address: 614010, Perm, Komsomolsky Prospekt, 77). The institution includes 34 branches of the ITU Main Bureau and 7 branches of the ITU Main Bureau.
2. Regional office Social Insurance Fund of the Russian Federation.
The main directions of its activities:
- payment of benefits for temporary disability (payment of sick leave);
- payment of 4 types of benefits related to pregnancy, childbirth and maternity;
- payment of benefits to victims of industrial accidents and occupational diseases;
- provision of other types of assistance to victims at work (provision of wheelchairs, prostheses, special vehicles, medicines, provision of medical and domestic care, payment for retraining);
- financing of preventive measures to reduce occupational injuries;
- sanatorium-resort rehabilitation of victims at work;
- sanatorium-resort after-care for working citizens who have suffered a myocardial infarction, stroke, gastroenterological surgery;
- improving the health of schoolchildren in country summer camps, year-round sanatorium camps and school playgrounds;
- sanatorium-resort treatment for privileged categories of citizens;
- providing preferential categories of citizens with technical means of rehabilitation and prosthetics (except for dental prosthetics).
3. In a subject of the Federation, the Ministry of Social Development deals with the problems of people with disabilities; in the cities and districts of the subject - the territorial departments of the Ministry of Social Development.
International law for the protection of children with disabilities
Convention on the Rights of Persons with Disabilities
(Adopted by resolution 61/106 of the General Assembly on December 13, 2006, ratified by Federal Law No. 46-FZ dated May 3, 2012)
Extraction
Target
The purpose of this Convention is to promote, protect and ensure the full and equal enjoyment by all persons with disabilities of all human rights and fundamental freedoms and to promote respect for their inherent dignity.
Persons with disabilities include 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 3
General principles
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
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:
– 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.
Article 7
Disabled children
1. States Parties shall take all necessary measures to ensure that children with disabilities fully enjoy all human rights and fundamental freedoms on an equal basis with other children.
2. In all actions concerning children with disabilities, the best interests of the child shall be a primary consideration.
3. States Parties shall ensure that children with disabilities have the right to 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 assistance appropriate to the disability and age in the exercise of this right.
Article 18
Freedom of movement and citizenship
2. Children with disabilities 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 and be cared for by their parents.
Article 23
Respect for home and family
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 judicially supervised competent authorities, 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 due to 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 by involving more distant relatives, and if this is not possible, by creating family living conditions child in the local community.
Article 24
Education
1. States Parties recognize the right of persons with disabilities to education.
In order to realize this right without discrimination and on the basis of equality of opportunity, 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 dignity and self-respect, and to increased respect for human rights, fundamental freedoms and human diversity;
b) to develop the personality, talents and creativity of people with disabilities, as well as their mental and physical abilities to the fullest extent;
With) to empower persons with disabilities to participate effectively in a free society.
2. In exercising this right, States Parties shall ensure that:
A) disabled people were not excluded because of disability from the general education system, and disabled children were not excluded from the system of free and compulsory primary or secondary education;
b) persons with disabilities had equal access to inclusive, quality and free primary and secondary education in their places of residence;
c) reasonable accommodations are provided to suit individual needs;
d) disabled people received the required support within the general education system to facilitate their effective learning;
e) In an environment maximally conducive to learning and social development, effective measures were taken to organize individualized support in accordance with the goal of full coverage.
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. Participating States are taking appropriate measures in this regard, including:
A) Promote the acquisition of Braille, alternative scripts, augmentative and alternative communication methods, modes and formats, and orientation and mobility skills and promote peer support and mentoring;
b) promote the acquisition of sign language and the promotion of linguistic identity of deaf people;
With) 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
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:
b) provide those health services that people with disabilities need as a direct result of their disability, including early diagnosis and, where appropriate, intervention and services designed to minimize and prevent further disability, including among children and the elderly;
Article 28
Adequate standard of living and social protection
1. States Parties recognize the right of persons with disabilities to an adequate standard of living for themselves and their families, including adequate food, clothing and housing, and to the 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:
c) to ensure that people 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;
Article 30
Participation in cultural life, leisure and recreation and sports
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:
d) to ensure that children with disabilities have equal access to participation in play, recreation and sporting activities, including activities within the school system, as other children.
1.2. Every citizen of the Russian Federation who is disabled has the right to participate in the management of state affairs, both directly and through representatives freely elected by him by secret ballot, to personally participate in a secret ballot based on universal and equal rights, guaranteed, in particular, by such international legal acts such as the Convention on Standards of Democratic Elections, Electoral Rights and Freedoms in the Member States of the Commonwealth of Independent States (ratified by the Russian Federation - Federal Law of July 2, 2003 N 89-FZ), the UN Convention on the Rights of Persons with Disabilities (ratified by the Russian Federation - Federal Law dated May 3, 2012 N 46-FZ), as well as Recommendations for improving the legislation of the member states of the CIS IPA in accordance with international electoral standards (appendix to the resolution of the Interparliamentary Assembly of member states of the Commonwealth of Independent States dated May 16, 2011 N 36-11) .
<Письмо>Ministry of Education and Science of Russia dated June 18, 2013 N IR-590/07 “On improving the activities of organizations for orphans and children without parental care” (together with “Recommendations for improving the activities of organizations for orphans and children without parental care, in order to create educational conditions in them that are close to family ones, as well as to involve these organizations in the prevention of social orphanhood, family placement and post-boarding adaptation of orphans and children left without parental care") by the Concept of long-term socio-economic development of the Russian Federation for the period up to 2020, approved by order of the Government of the Russian Federation of November 17, 2008 N 1662-r, the state program of the Russian Federation "Accessible Environment" for 2011 - 2015.
COMMISSIONER OF THE VERKHOVAN RADA OF UKRAINE FOR HUMAN RIGHTS
Alternative report
37. Despite repeated appeals from the Commissioner, at the beginning of the events in the east of the country, the Government did not adopt a single act aimed at a comprehensive solution to the issue of organized transportation of disabled people who are in inpatient institutions of the education, health, and social protection systems to safe regions of Ukraine. In this regard, today the process of evacuation of people occurs spontaneously, without appropriate financial support from the state and by local authorities of the Donetsk and Lugansk regions with the assistance of public initiatives.
38. A certain inability of the authorities to provide organizational, social and humanitarian assistance to people who, due to physical limitations and financial situation, were unable to independently leave the zone of military conflict, was compensated by supporting evacuation and rescue by volunteers and human rights organizations.
39. Together with public organizations (in particular, the NGO "Social Action Center", the NGO "Center for Civil Liberties", the NGO "Almenda", the NGO "Right to Defense", the GI "Employment Center for Free People", the NGO "Crimean Diaspora") in the office The Ombudsman has created a Resource Center for Assistance to Internally Displaced Persons, the main task of which is not only direct assistance to internally displaced persons, monitoring compliance with their rights, but also analysis of the current regulatory framework and development of necessary legislative changes.
As a result of this joint activity, on-site monitoring of places of compact accommodation of Ukrainian citizens, including disabled people displaced from temporarily occupied territories and areas of the anti-terrorist operation, was carried out. During these visits to places of compact accommodation of internally displaced people, issues of housing conditions and the readiness of premises for winter, sanitary conditions, issues of registration, employment, education, payment of pensions, benefits, provision of other needs, issues of discrimination were checked. The monitoring covered 22 regions of Ukraine, including the Donetsk region.
With the organizational and coordination support of the Ombudsman's office, the resettlement of 360 disabled people to the Odessa region was ensured.
Article 12. Equality before the law
40.
Currently, Ukrainian legislation does not provide for forms of protection of the rights of adults other than guardianship who do not understand the meaning of their actions and cannot control them, in particular, forms of supported decision-making. Thus, people recognized by the court as having limited legal capacity can only make small everyday transactions, and other transactions only with the consent of the trustee. As a general rule, the management of people's income is carried out by trustees (Article 37 of the Civil Code).
41. Regarding people declared incompetent, they do not have the right to make any transactions at all. Transactions on their behalf and in their interests are carried out by guardians (Article 38 of the Civil Code of Ukraine).
42. In accordance with Article 71 of the Civil Code, a guardian or trustee, when making a number of transactions relating to the property rights of a ward, must obtain appropriate permission from the guardianship and trusteeship authority. However, the legislation does not clearly define the legal grounds for granting this permission. Due to such legal uncertainty, the decision to grant permission depends entirely on the subjective assessments of guardianship and trusteeship officials, which, in turn, often leads to violations of the rights of incapacitated or partially capable people.
43. The legislation does not provide for the opportunity for incapacitated people to independently apply to the court or the guardianship and trusteeship authorities, while persons with limited legal capacity are not deprived of this right. Corresponding changes to the legislation were not made even after the European Court’s decision in the case “Natalia Mikhailenko v. Ukraine” (2013), in which the Court concluded that it was legally prohibited for an incapacitated person to initiate legal proceedings to restore his legal capacity, which is contrary to paragraph 1 of Article 6 of the European Convention on Human Rights.
44. Incapacitated persons are also deprived of the right to apply to state authorities, local government, citizens' associations, enterprises, institutions, organizations, regardless of the form of ownership, the media, etc., since in accordance with Article 8 of the Law of Ukraine "On Citizens' Appeal" people declared incompetent by the court are not considered.
45. People recognized by the court as incompetent or partially capable do not have procedural capacity and cannot directly exercise their right to free legal assistance - only their guardians and trustees can apply for one of the types of legal services 3 .
46. The state does not guarantee incompetent persons the right to appeal against the actions or inaction of their guardians to the court and guardianship authorities 4 , and does not provide control over the fulfillment by guardians of their duties regarding incompetent people, which makes it possible for unscrupulous guardians to abuse their position in relations with by their wards 5.
47. It should be noted that the state does not fulfill its obligations to support people with disabilities in using their legal capacity. This applies, first of all, to adult people with disabilities due to mental disorders, since the current mechanism for protecting this category of people is to recognize them as legally incompetent and appoint full guardianship over them, when all decisions and legal actions are made by a guardian, which limits the rights of people to equality and non-discrimination, access to justice, independent living and inclusion in the local community, family, voting rights and the like. The restrictions given in paragraphs 44 - 47 also apply to this category of people.
48. People with disabilities generally do not have equal access to bank loans, mortgages, and other forms of financial credit. The vast majority of banking institutions, as a rule, generally refuse to provide loans to disabled people, citing their insolvency as the reason for their refusal.
Most of the premises in which bank branches are located are architecturally inaccessible for disabled people who move with the help of a cart; terminals (ATMs) are located without taking into account the possibility of using them by disabled people: they are either located too high, or are separated from the disabled consumer by stairs that he cannot independently can overcome. The information on the ATM display is inaccessible to people with visual impairments, and most bank websites, where you can carry out transactions with your own bank cards using the Internet, are also inaccessible. For people with hearing impairments, there is a problem in communicating with bank employees without the assistance of an interpreter, which leads to the fact that such people do not always understand the content of the agreements that they sign at the bank. For people with visual impairments, it is problematic to reproduce their own signature in the same way several times, which leads to bank employees refusing to service such clients.
49.
Relevant for legislative regulation is the gradual replacement of mechanisms ensuring complete incapacity and guardianship with the introduction of an alternative to guardianship mechanism of supported decision-making. This work requires the active involvement by the state of NGOs representing the interests of people with disabilities due to persistent mental and intellectual impairments in the process of reforming the legal framework on issues of legal capacity and the introduction of alternatives.
Article 13. Access to justice
50.
Access to justice for people with disabilities remains limited mainly due to the architectural inaccessibility of court premises. In fact, all such premises require the adoption of additional measures related to their adaptation to the needs of people with limited mobility and the creation of comfortable living conditions for them in courts.
51. GSN (V.2.2-26: 2010) on the accessibility of court buildings, which provide accessibility requirements for people with disabilities, apply only under the condition of new construction or reconstruction. At the same time, there is no mechanism for providing accessibility elements to court buildings that were built before 2010.
52. Noteworthy is the Strategic Plan for the Development of the Judiciary of Ukraine for 2013 - 2015, approved by the Council of Judges of Ukraine on December 21, 2012, one of the objectives of which is to create conditions for access to justice for people with disabilities. In this regard, there is information from the Council of Judges of Ukraine dated December 4, 2014 on conducting seminars and trainings with court employees on accessibility, instruction on the rules of behavior and providing assistance to persons with disabilities, as well as on the creation of groups of responsible employees at some courts to provide assistance to people with disabilities. At the same time, there is a lack of more detailed information on the number and content of such measures, which would make it possible to assess their effectiveness.
53. On July 4, 2012, Law No. 5041-VI 6 amended the procedural codes of Ukraine, which provide for the possibility of holding court hearings via videoconference. Meanwhile, this option, given the overwhelming architectural inaccessibility of court premises and having significant prospects as a reasonable accommodation to ensure the participation of people with disabilities in court hearings, is used extremely rarely by judges, in particular, due to the lack of appropriate equipment for courts.
54. There are legislative obstacles to the application of another reasonable accommodation measure - the holding of mobile court hearings, including in premises that are architecturally accessible to people with disabilities. Thus, the holding of mobile court hearings is provided only in criminal proceedings, but neither the current GPKU nor the KASU contain the corresponding norms.
55. The National Action Plan in pursuance of Article 13 of the CRPD contains only one measure - amendments to the Law of Ukraine “On Free Legal Aid”, which provides for determining the procedure for providing persons with disabilities due to delays in the development of information about the content and progress of a court case in an accessible format and providing personal assistance for their participation in court hearings. As of the beginning of 2015, this task remains unfulfilled despite the fact that amendments to the Law have been prepared. Despite the fact that the mentioned Law, which was adopted back in 2011, provides for the possibility of people with disabilities receiving free secondary legal assistance, the actual implementation of this provision was introduced only on July 1, 2015.
56.
A positive point is that some categories of people with disabilities are exempt from paying court fees.
Article 14. Freedom and personal integrity
57.
The Constitution of Ukraine and current legislation, including a number of international legal treaties to which Ukraine is a party, guarantee the right to freedom and personal security for all people, including people with disabilities.
58. The new Criminal Procedure Code of Ukraine, which came into force in 2012, has significantly changed the previous system of measures, in particular detention, which, according to official statistics, has significantly reduced the number of people in custody.
59. In accordance with the Law of Ukraine “On Psychiatric Care”, compulsory hospitalization of persons suffering from mental disorders is provided for in a psychiatric institution. At the same time, people recognized by the court as incompetent or partially capable do not have the opportunity to independently appeal to the court the decision to admit them to a psychiatric institution.
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, which recognize the inherent dignity and worth and the equal and inalienable rights of all members of the human family 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 everyone 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 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) 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 overall 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 human achievements , 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 have the opportunity 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 should enjoy full enjoyment of 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 treaties is a precondition for the full protection of persons with disabilities, in particular in times of armed conflict; 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) Convinced that a comprehensive and unified international convention on the promotion and protection of the rights and dignity of persons with disabilities will 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 - both in developed and 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
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, methods 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, when necessary 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
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
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 that are more conducive to the realization of the rights of persons with disabilities and 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
1. The participating States recognize that all persons are equal before and under the law and are entitled to the equal protection and 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 Women with disabilities
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
1. States Parties shall take all necessary measures to ensure the full enjoyment by children with disabilities of all human rights and fundamental freedoms on an equal basis with other children.
2. In all actions concerning children with disabilities, the best interests of the child shall be a primary consideration.
3. States Parties shall ensure that children with disabilities have the right to 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
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 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 assistance 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
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
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
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 verified 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
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 security of person
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
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
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
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
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
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) persons with disabilities 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) public services and facilities intended for the general population are equally accessible to persons with disabilities and meet their needs.
Article 20 Individual mobility
States Parties shall take effective measures to ensure 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 of 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
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 businesses 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;
e) recognition and encouragement of the use of sign languages.
Article 22 Privacy
1. Regardless of place of residence or living conditions, no disabled person shall be subjected to arbitrary or unlawful attacks on the inviolability of his private life, family, home or correspondence and other types of communication, or to 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
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 due to 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
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 on the basis 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 accommodations are 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. 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 facilitate 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
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
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. Member States shall encourage the development of initial and continuing training for 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
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
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
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 - while promoting the use of assistive and new technologies where applicable appropriate;
(iii) guaranteeing the free expression 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 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
1. States Parties recognize the right of persons with disabilities to participate on an equal basis with others in cultural life and shall take all appropriate measures to ensure that persons with disabilities:
a) have access to cultural works in accessible formats;
b) had access to television programs, 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
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
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
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
1. A Committee on the Rights of Persons with Disabilities (hereinafter referred to as the “Committee”) shall be established to 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 people, 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 compile, 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
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. Reports may indicate factors and difficulties affecting the degree of fulfillment of the obligations under this Convention.
Article 36 Consideration 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
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
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
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
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
The Depositary of this Convention is the Secretary-General of the United Nations.
Article 42 Signature
This Convention has been open for signature by all States and regional integration organizations at United Nations Headquarters in New York since 30 March 2007.
Article 43 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
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
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
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
1. Any State Party may propose an amendment to this Convention and submit it to the Secretary-General of the United Nations. The Secretary-General shall communicate any proposed amendments to the States Parties, 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
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
The text of this Convention must be made available in accessible formats.
Article 50 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.
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