Definitions
For the purposes of the present Convention:
"Communication" includes
languages, display of text, Braille, tactile communication, large print,
accessible multimedia as well as written, audio, plain- language,
human-reader and augmentative and alternative modes, means and formats of
communication, including accessible information and communication technology;
"Language" includes spoken
and signed languages and other forms of non-spoken language;
"Discrimination on the basis of
disability" means any distinction, exclusion or restriction on the basis
of disability which has the purpose or effect of impairing or nullifying the
recognition, enjoyment or exercise, on an equal basis with others, of all human
rights and fundamental freedoms in the political, economic, social, cultural,
civil or any other field. It includes all forms of discrimination, including
denial of reasonable accommodation;
"Reasonable accommodation"
means necessary and appropriate modification and adjustments not imposing a
disproportionate or undue burden, where needs in a particular case, to ensure
to persons with disabilities the enjoyment or exercise on an equal basis with
others of all human rights and fundamental freedoms;
"Universal design" means
the design of products, environments, programmes and services to be usable by
all people, to the greatest extent possible, without the needed for adaptation
or specialized design.
"Universal design" shall not exclude assistive devices for particular groups of persons with disabilities with this is needed.
Equality and non-discrimination
1. States Parties recognize that all persons are equal before and under the law and are entitled without any discrimination to the equal protection and equal benefit of the law.
2. States Parties shall prohibit all discrimination on the basis of disability and guarantee to persons with disabilities equal and effective legal protection against discrimination on all grounds.
3. In order to promote equality and eliminate discrimination, States Parties shall take all appropriate steps to ensure that reasonable accommodation is provided.
4. Specific measures which are necessary to accelerate or achieve defacto equal of persons with disabilities shall not be considered discrimination under the terms of the present Convention.
Women with disabilities
1. States Parties recognize that women and girls with disabilities are subject to multiple discrimination, and in this regard shall take measures to ensure the full and equal enjoyment by them of all human rights and fundamental freedoms.
2. States Parties shall take all appropriate measures to ensure the full development, advancement and empowerment of women, for the purpose of guaranteeing them the exercise and enjoyment of the human rights and fundamental freedoms set out in the present Convention.
Children
with Disabilities
1. States
Parties shall take all necessary measures to ensure the full enjoyment by
children with disabilities of all human rights and fundamental freedoms on an
equal basis with other children.
2. In all actions concerning
children with disabilities, the best interests of the child shall be a primary
consideration.
3. States Parties shall
ensure that children with disabilities have the right to express their views
freely on all matters affecting them, their views being given due weight in
accordance with their age and maturity, on an equal basis with other children,
and to be provided with disability and age-appropriate assistance to realize
that right.
Work
and employment
1. Sates Parties recognize the
right of persons with disabilities to work, on an equal basis with others; this
includes the right to the opportunity to gain a living by
work freely chosen or accepted in a labour market and work environment that is
open, inclusive and accessible to persons with disabilities. Sates Parties
shall safeguard and promote the realization of the right to work, including for
those who acquire a disability during the course of employment, by taking
appropriate steps, including through legislation, to, inter alia:
a. Prohibit discrimination on the basis of
disability with regard to all matters concerning all forms
of employment,
including conditions of recruitment, hiring and employment, continuance of
employment,
career advancement and safe and healthy working conditions;
b. Protect the rights of persons with
disabilities, on an equal basis with others, to just and
favourable
conditions of work, including equal opportunities and equal remuneration for
work of
equal value,
safe and healthy working conditions including protection from harassment, and
the
redress of
grievances;
c. Ensure that persons with disabilities are
able to exercise their labour and trade union rights
on an equal
basis with others;
d.
Enable persons with disabilities to have effective access to general technical
and vocational guidance programmes placement services and vocational and
continuing training;
e.
Promote employment opportunities and career advancement for persons with
disabilities in the labour market, as well as assistance in finding, obtaining,
maintaining and returning to employment;
f. Promote
opportunities for self-employment, entrepreneurship, the development of
cooperatives and starting one's own business;
g. Employ persons with disabilities in the
public sector;
h. Promote the employment of persons with disabilities
in the private sector through appropriate
policies and
measures, which may include affirmative action programmes, incentives and other
measures;
i. Ensure
that reasonable accommodation is provided to persons with disabilities in the
workplace;
j. Promote the
acquisition by persons with disabilities of work experience in the open labour
market;
k. Promote vocational and professional
rehabilitation, job retention and return-to-work
programmes for
persons with disabilities.
2. States Parties shall
ensure that persons with disabilities are not held in slavery or in servitude,
and are protected, on an equal basis with others, from forced or
compulsory labour.
Adequate
standard of living and social protection
1. States Parties recognize
the right of persons with disabilities to an adequate standard of living for
themselves and their families, including adequate food, clothing and housing,
and to the continuous improvement of living conditions, and shall take
appropriate steps to safeguard and promote the realization of this right
without discrimination on the basis of disability.
2. States Parties recognize
the right of persons with disabilities to social protection and to the
enjoyment of that right without discrimination on the basis of disability, and
shall take appropriate steps to safeguard and promote the realization of this
right, including measures;
a. To ensure equal access by persons with disabilities to clean water services, and to ensure access to appropriate and affordable services, devices and other assistance for disabilities-related needs;
b.
To ensure equal access by persons
with disabilities, in
c. To ensure equal access by persons with disabilities and their family living in situation of poverty to assistance from the Sate with disability-related expenses, including adequate training, counselling, financial assistance and respite care;
d.
To ensure access by persons
with disabilities
e.
To ensure equal access by persons
with disabilities
Participation in cultural life, recreation, leisure and sport
1. States Parties recognize the right of persons with disabilities to take part on an equal basis with others in cultural life, and shall take all appropriate measures to ensure that persons with disabilities;.
a. Enjoy access to cultural materials in accessible formats.
b. Enjoy access to television programmes, films, theatre and other cultural activities, in accessible formats;
c. Enjoy access to places for cultural performances or services, such as theatres, museums, cinemas, libraries, and tourism services, and, as far as possible, enjoy access to monuments and sites of national cultural importance;
2. States Parties shall take appropriate measures to enable persons with disabilities to have the opportunity to develop and utilize their creative, artistic and intellectual potential not only for their own benefit, but also for the enrichment of society.
3. States Parties shall take all appropriate steps, in accordance with international law, to ensure that laws protecting intellectual property rights do not constitute an unreasonable or discriminatory barrier to access by persons with disabilities to cultural materials.
4. Persons with disabilities shall be entitled, on an equal basis with others, to recognition and support of their specific cultural and linguistic identity, including sign languages and deaf culture.
5. With a view to enabling persons with disabilities to participate on an equal basis with others in recreational, leisure and sporting activates Sates Parties shall take appropriate measures;
a. To encourage and promote the participation, to the fullest extent possible, of persons with disabilities in mainstream sporting activities at all level;
b. To ensure that persons with disabilities have an opportunity to organize, develop and participate in disabilities-specific sporting and recreational activities and, to this end, encourage the provision, on an equal basis with other, of appropriate instruction, training and resources;
c. To ensure that persons with disabilities have access to sporting, recreational and tourism venues;
d. To ensure that children with disabilities have equal access with other children to participation in play, recreation and leisure and sporting activates, including those activities in the school system;
e. To ensure that persons with disabilities have access to services from those involved in the organization of recreational, tourism.
Signature
The present convention shall be open for signature by all States and by regional integration organizations at United Nations Headquarters in New York as of 30 March 2007.