Argentina Association for the Study Recovery of blind and amblyopic
E-mail: asaerca@ciudad.com.ar 26,378
Law Date Posted: 09/06/2008 BO. Sanctioned
: May 21, 2008 Passed: June 6, 2008 The Senate and Chamber of Deputies of Argentina in Congress assembled, etc.
Act enact as: SECTION 1 - Approval of the Convention on the Rights of Persons with Disabilities and its Optional Protocol approved by resolution of the UN General Assembly A / RES / 61/106, on December 13, 2006.
Both legal instruments are part of the present as "Schedule 1" and "Annex 2" respectively.
SECTION 2 - Contact the Executive.
DADA IN THE CHAMBER OF THE ARGENTINE CONGRESS, IN BUENOS AIRES, THE TWENTY DAY OF MAY TWO THOUSAND AND EIGHT.
- REGISTERED UNDER THE NUMBER 26,378 - EDUARDO A. Fellner. - JULIO CESAR C. Cobos. - Enrique Hidalgo. - John H.
Estrada.
United Nations A/RES/61/106 General Assembly Distr. General January 24, 2007 Sixty-first session Item 67 b) RESOLUTION adopted by the General Assembly 61/106.
Convention on the Rights of Persons with Disabilities The General Assembly, Recalling its resolution 56/168 of 19 December 2001 which established a special committee, open to participation by all Member States and observers United Nations to consider proposals for a comprehensive and integral international convention to promote and protect the rights and dignity of persons with disabilities, based on a holistic approach to the work done in the fields of social development, human rights 1 human and non-discrimination and taking into account the recommendations of the Human Rights Commission and Commission for Social Development, Recalling also its previous relevant resolutions, the latest of which was resolution 60/232 of 23 December 2005 and the relevant resolutions Social Development Commission and the Commission on Human Rights, Welcoming the important contributions made by intergovernmental and nongovernmental organizations and national human rights institutions to the work of the Special Committee, 1. Expresses its appreciation to the Special Committee for having concluded the elaboration of the draft Convention on the Rights of Persons with Disabilities and Protocolo Facultativo de esa Convención; 2. Aprueba la Convención sobre los derechos de las personas con discapacidad y el Protocolo Facultativo de la Convención que figuran en el anexo de la presente resolución, que estarán abiertos a la firma en la Sede de las Naciones Unidas, en Nueva York, a partir del 30 de marzo de 2007; 3. Exhorta a los Estados a que consideren la posibilidad de firmar y ratificar la Convención y el Protocolo Facultativo como cuestión prioritaria y expresa la esperanza de que entren en vigor en breve; 4. Pide al Secretario General que proporcione el personal y las instalaciones necesarios para el eficaz cumplimiento de las funciones de la Conferencia de los Estados Partes y el Comité previstos en la Convención and the Optional Protocol after the entry into force of the Convention and to disseminate information about the Convention and the Optional Protocol 5. Requests the Secretary-General to implement progressively standards and guidelines for the accessibility of facilities and services of the United Nations system, taking into account the relevant provisions of the Convention, in particular when undertaking renovations; 6. Requests the agencies and organizations of the United Nations to take measures to disseminate information about the Convention and the Optional Protocol and to promote understanding, and invites intergovernmental and nongovernmental organizations to do the same; 7. Requests the Secretary-General to submit, at its sixty-second session a report on the status of the Convention and the Optional Protocol and the implementation of this resolution under the item entitled "Convention on the Rights of people with disabilities. "
76th plenary meeting 13 December 2006 Annex I Convention on the Rights of Persons with Disabilities Preamble The States Parties to this Convention, a) Recalling the principles of the Charter of the United Nations to proclaim that freedom, justice and peace in the world are based on the recognition of the inherent dignity and worth and equal and inalienable rights of all members of the human family, b) Recognizing that the United Nations, the Universal Declaration of Human Rights and the International Covenants on Human Rights, has proclaimed and agreed that everyone has rights and freedoms set forth therein, without distinction of any kind, 2 c) Reaffirming the universality, indivisibility, interdependence and interrelatedness of all human rights and fundamental freedoms and the need to ensure that people with disabilities the full enjoyment without discrimination, d) Recalling the International Covenant on Economic, Social and Cultural Rights, the International Covenant 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 the Convention on the Rights of the Child and the 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 results from the interaction between people with impairments and barriers due to attitudinal and environmental barriers that hinders their full and effective participation in society on an equal basis with others, f) Recognizing the importance of the principles and policy guidelines contained in the Programme of Action concerning Disabled Persons and the Standard Rules on the Equalization of Opportunities for Persons with Disabilities in influencing in the promotion, development and evaluation of policies, plans, programs and actions at national, regional and international levels to further equalize opportunities for persons with disabilities, g) Stressing the importance of incorporating issues disabilities as part of relevant strategies of sustainable development, h) Recognizing also that discrimination against any person because of his disability is a violation of the inherent dignity and worth of human beings, i) Recognizing further the diversity of people with disabilities, j) Recognizing the need to promote and protect human rights of all persons with disabilities , including those who require more intensive support, k) Concerned that, despite these various instruments and undertakings, persons with disabilities continue to face barriers to participating on an equal basis with others in social life and who continue to violate human rights in all parts of the world, l) Recognizing the importance of international cooperation to improve conditions of life of persons with disabilities in all countries, particularly developing countries, m) Recognizing the value of the contributions made and may make people with disabilities to the general welfare and the diversity of their communities, and that promote the full enjoyment of human rights and fundamental freedoms by persons with disabilities and their full participation will result in a greater sense of belonging of these people and significant progress in economic, social and economic development of society and poverty eradication, n) Recognizing the importance for persons with disabilities of their individual autonomy and independence, including the freedom to make their own decisions, o) Considering that persons with disabilities should have the opportunity to participate actively in decision-making processes about policies and programs, including those directly concerning them, p) Concerned about the difficult situation found people with disabilities who are subject to multiple or aggravated forms of discrimination based on race, color, sex, language, religion, political or other opinion, national, ethnic, indigenous or social origin, property, birth , age or other status, q) Recognizing that women and girls with disabilities are often exposed to greater risk, both within and outside the home, violence, injury or abuse, neglect or negligent treatment, maltreatment or exploitation, r) Recognizing that children with disabilities should have full enjoyment of all human rights and fundamental freedoms on an equal footing with the other 3 children, and recalling obligations to that end undertaken by States Parties to the Convention on the Rights of the Child, s) Emphasizing the need to mainstream a gender perspective in all activities to promote the full enjoyment of human rights and fundamental freedoms by persons with disabilities, t) Highlighting the fact that Most people with disabilities live in poverty and recognizing in this regard, the critical need to mitigate the negative effects of poverty on persons with disabilities, u) Bearing in mind that to achieve full protection of persons with disabilities, in particular during armed conflicts and foreign occupation, it is essential that conditions of peace and security based on full respect of the purposes and principles of the United Nations Charter and respecting the existing instruments on human rights, v) Recognizing the importance of accessibility to the physical, social, economic and cultural, health and education and information and communication for people with disabilities to enjoy fully all human rights and fundamental freedoms, w) Realizing that the individual, having duties to other individuals and the community to which they belong, have a responsibility seek, by all means, to promote and respect the rights recognized in the International Bill of Human Rights, x) Convinced that the family is the natural and fundamental group unit of society and is entitled to protection by society and the state, and people with disabilities and their families should receive protection and assistance required to enable families to help people with disabilities enjoy their rights fully and on equal terms, y) Convinced that a comprehensive and integral international convention to promote and protect the rights and dignity of persons with disabilities make a significant contribution to redressing the profound social disadvantage of persons with disabilities and promote their participation and equal opportunities in the civil, political, economic, social and cultural development in both developing and developed countries, agreed as follows: Article 1 Purpose The purpose of this Convention is to promote protect and ensure the full and equal enjoyment of equality of all human rights and fundamental freedoms by all persons with disabilities and promote respect for their inherent dignity.
People with disabilities include those with physical, mental, intellectual or sensory impairments which in interaction with various barriers may hinder their full and effective participation in society on an equal basis with others.
Article 2 Definitions For the purposes of this Convention: "Communication" includes languages, display of text, Braille, tactile communication, large print, multimedia devices easily accessible and written language, systems audio, plain language digitized voice media and other modes, means and augmentative and alternative communication, including information technology and communications for easy access; "Language" shall mean both oral language and sign language and other forms of nonverbal communication; 4 "Discrimination on the basis of disability" means any distinction, exclusion or restriction made on the basis of disability which has the purpose or effect of impairing or nullifying the recognition, enjoyment or exercise, on equal terms of all human rights and fundamental freedoms in the political, economic, social, cultural, civil or otherwise.
includes all forms of discrimination, including denial of reasonable accommodation; "Reasonable accommodation" means necessary modifications and adaptations and adjustments not imposing a disproportionate or undue burden, where needed in a particular case, to ensure people 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, programs and services to be usable by all people , to the greatest extent possible, without adaptation or design specialized. "Universal design" shall not exclude assistive devices for particular groups of persons with disabilities, as needed.
Article 3 General principles The principles of this Convention shall: a) Respect for inherent dignity, individual autonomy including the freedom to make their own choices, and independence of persons; b) Non-discrimination; c) participation and full and effective inclusion in society; d) Respect for difference and acceptance of people with disabilities as part of the diversity and humanity; e) Equality of opportunity; f) Accessibility; g) Equality between men and women; h) Respect for the evolving capacities of children with disabilities and their right to preserve their identity.
Article 4 General obligations 1. States Parties undertake to ensure and promote the full enjoyment of all human rights and fundamental freedoms of persons with disabilities without discrimination based on disability. To this end, States Parties undertake to: a) Take all necessary legislative, administrative and other measures relevant to the rights recognized in this Convention; b) To take all appropriate measures, including legislation, to amend or repeal laws, regulations, customs and practices which constitute discrimination against persons with disabilities, c) take into account in all policies and all programs, the protection and promotion of human rights of persons with disabilities; d) To refrain from acts or practices that are incompatible with this Convention and to ensure that public authorities and institutions act in conformity with its provisions; e) To take all appropriate measures to ensure that no person, organization or private enterprise from discriminating on the basis of disability; f ) undertake or promote research and development of goods, services, equipment and facilities, universal, under the definition in Article 2 of this Convention, which require the minimum possible adaptation and the least cost to meet the specific needs of persons with disabilities, to promote their availability and use, and promote the design, universal in developing standards and guidelines; 5 g) To undertake or promote research and development, and promote the availability and use of new technologies, including information technology and communications, mobility aids, devices and assistive technologies, suitable for people with disabilities, giving priority to affordable, h) Provide accessible information for people with disabilities about mobility aids, devices and assistive technologies, including new technologies and other forms of assistance and support services and facilities; i) promote the training of professionals and staff working with people with disabilities in the rights recognized in this Convention so as to better provide the assistance and services guaranteed by those rights.
2. With regard to economic, social and cultural rights, States Parties undertake to adopt measures to the maximum of its available resources and, where necessary, within the framework of international cooperation to achieve, progressively, the full exercise of these rights, without prejudice to the obligations under this Convention that are immediately applicable under international law.
3. In the development and implementation of legislation and policies to implement this Convention, and other decision-making processes on issues related to persons with disabilities, States Parties shall closely consult with and actively involve persons with disabilities, including children with disabilities, through their representative organizations.
4. Nothing in this Convention shall affect any provisions that may facilitate greater extent, the exercise of the rights of persons with disabilities and which may be contained in the legislation of a State Party or international law in force in that State. No restriction upon or derogation from any human rights and fundamental freedoms recognized or existing in any State Party to this Convention pursuant to law, conventions, regulations or custom on the pretext that this Convention does not recognize such rights or freedoms recognized or lesser extent.
5. The provisions of this Convention shall apply to all parts of federal States without any limitations or exceptions. Article 5 Equality
and non-discrimination 1. States Parties recognize that all persons are equal before the law and under it and are entitled to equal protection and benefit of the law equally without discrimination.
2. States Parties shall prohibit all discrimination on grounds of disability and guarantee to all persons with disabilities equal and effective legal protection against discrimination for any reason.
3. To promote equality and eliminate discrimination, States Parties shall take all appropriate measures to ensure that reasonable accommodation.
4. Not considered discrimination under this Convention, Specific measures which are necessary to accelerate or achieve de facto equality of persons with disabilities.
Article 6 Women with disabilities 1. States Parties recognize that women and girls with disabilities are subject to multiple forms of discrimination and, in this regard shall take measures to ensure that 6 can enjoy full and equal footing, 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 human rights and fundamental freedoms set out in this Convention.
Article 7 Children with disabilities 1. States Parties shall take all necessary measures to ensure that all children with disabilities of all human rights and fundamental freedoms on an equal basis with other children.
2. In all activities related to children with disabilities, a primary consideration is the protection of the interests of the child.
3. States Parties shall ensure that children with disabilities have the right to express their views freely on all matters affecting them, believe that receive due consideration, taking into account their age and maturity, on an equal basis with other children, and to receive appropriate assistance according to disability and age to exercise that right.
Article 8 Awareness-raising 1. States Parties undertake to adopt immediate, effective and appropriate measures: a) raise awareness throughout society, even at family level, for increased awareness regarding persons with disabilities and promote respect for the rights and dignity of people; b) To combat stereotypes, prejudices and harmful practices towards persons with disabilities, including those based on gender or age, in all areas of life, c) Promote awareness of the capabilities and contributions of persons with disabilities.
2. Measures to this end include: a) Initiating and maintaining effective public awareness campaigns designed: i) To nurture receptiveness to the rights of persons with disabilities; ii) To promote positive perceptions and greater social awareness of people with disabilities; iii) To promote recognition of the skills, merits and abilities of persons with disabilities and their contributions to the workplace and the labor market, b) Fostering at all levels of education, even among all children from an early age, an attitude of respect for the rights of persons with disabilities; c) Encouraging all organs of the media to disseminate an image of persons with disabilities consistent with The purpose of this Convention; d) Promoting awareness-training programs that take into account people with disabilities and the rights of these people.
Article 9 Accessibility 1. To enable people with disabilities to live independently and participate fully in all aspects of life, States Parties shall take appropriate measures to ensure access for people with disabilities on an equal basis with others, the physical environment, transportation, information and communications 7, including computer systems and information technology and communications, and other facilities open to the public or public use, both urban and rural areas. These measures, which include the identification and elimination of obstacles and barriers to accessibility, shall apply to, inter alia, to: a) Buildings, roads, transportation and other indoor and outdoor facilities including schools, housing, medical facilities and workplaces; b) information services, communications and other, including electronic services and emergency services.
2. States Parties shall also take appropriate measures: a) Develop, promulgate and monitor the implementation of minimum standards and guidelines for the accessibility of facilities and services open to the public or public use, b) Ensure that private entities that provide facilities open to the public or use public take into account all aspects of accessibility for people with disabilities, c) provide training for those involved in accessibility issues faced by persons with disabilities; d) Provide in buildings and other facilities open to the public signage in Braille and in easy to read and understand; e) provide forms of live assistance and intermediaries, including guides, readers and professional interpreters of sign language, to facilitate access to buildings and other facilities open to the public f ) Promote other appropriate forms of assistance and support to people with disabilities to ensure their access to information; g) Promote access for persons with disabilities to new systems and information technology and communications, including Internet; h) Promote the design, development, production and distribution systems and information technology and communications accessible at an early stage, so that these technologies and systems become accessible at minimum cost.
Article 10 Right to life States Parties reaffirm the inherent right to life of all human beings and take all necessary measures to ensure the effective enjoyment of that right for people with disabilities on an equal basis with others.
Article 11 Situations of risk and humanitarian emergencies States Parties shall, by virtue of their responsibilities under international law, in particular international humanitarian law and international law of human rights, all necessary measures to ensure security and protection of people with disabilities in situations of risk, including situations of armed conflict, humanitarian emergencies and natural disasters.
Article 12 Equal recognition before the law 1. States Parties reaffirm that persons with disabilities have the right to recognition everywhere as persons before the law.
2. States Parties recognize that persons with disabilities enjoy legal capacity on an equal basis with others in all aspects of life.
3. States Parties shall take appropriate measures to provide access to people with disabilities the support they may require in exercising their legal capacity: 8 4. States Parties shall ensure that all measures relating to the exercise of legal capacity provide for appropriate and effective safeguards to prevent abuse in accordance with international law on human rights. Such safeguards shall ensure that measures relating to the exercise of legal capacity respect the rights, will and preferences of the individual, there is no conflict of interest and undue influence, are proportional and tailored to the circumstances of the person that apply in the shortest time possible and are subject to periodic reviews by an authority or judicial body competent, independent and impartial. The safeguards shall be proportional to the degree which such measures affect the rights and interests of individuals.
5. Notwithstanding the provisions of this article, States Parties shall take all measures that are relevant and effective to ensure the right of persons with disabilities on an equal basis with others, to own and inherit property, control their own economic affairs and have equal access to bank loans, mortgages and other forms of financial credit, and ensure that people with disabilities are not deprived of their property arbitrarily.
Article 13 Access to justice 1. States Parties shall ensure that persons with disabilities have access to on an equal basis with others, including through the provision of procedural and age appropriate, to facilitate the effective performance of the functions of these individuals as direct and indirect participants, including as witnesses, in all legal proceedings, including at investigative and other preliminary stages.
2. To ensure that people with disabilities have effective access to justice, States Parties shall promote appropriate training for those working in the administration of justice, including police and prison staff.
Article 14 Liberty and security of person 1. States Parties shall ensure that persons with disabilities on an equal basis with others: a) Enjoy the right to liberty and security of person; b) Are not deprived of their liberty unlawfully or arbitrarily, and that any deprivation of liberty is in conformity with the law, and that the existence of a disability does not justify in any deprivation of liberty.
2. States Parties shall ensure that persons with disabilities are deprived of their liberty through any process, they are on an equal basis with others, entitled to guarantees in accordance with international law of human rights and be treated in accordance with the objectives and principles of this Convention, including conducting reasonable accommodation.
Article 15 Freedom from torture and other cruel, inhuman or degrading 1. No one shall be subjected to torture or other cruel, inhuman or degrading treatment.
In particular, no one shall be subjected to medical or scientific experiments without their free consent.
2. States Parties shall take all appropriate legislative, administrative, judicial or other measures that are effective to prevent people with disabilities on an equal basis with others, from being subjected to torture or other cruel, inhuman or degrading.
9 Article 16 Freedom from exploitation, violence and abuse 1. States Parties shall take all appropriate legislative, administrative, social, educational and other measures relevant to protect people with disabilities, both within the home and outside, from all forms of exploitation, violence and abuse, including gender-related aspects.
2. States Parties shall also take all appropriate measures to prevent all forms of exploitation, violence and abuse by ensuring, inter alia, appropriate forms of assistance and support that take into account gender and age for people with disabilities and their families and caregivers, including providing information and education on how to prevent, recognize and report instances of exploitation, violence and abuse. States Parties shall ensure that protective services, taking into account age, gender and disability.
3. In order to prevent the occurrence of exploitation, violence and abuse, States Parties shall ensure that all services and programs designed to serve persons with disabilities are effectively monitored by independent authorities.
4. States Parties shall take all appropriate measures to promote the physical, cognitive and psychological rehabilitation and social reintegration of persons with disabilities who are victims of any form of exploitation, violence or abuse, including through the provision of protective services. Such recovery and reintegration shall take place in an environment that fosters the health, welfare, self-esteem, dignity and autonomy of the person and takes into account the specific needs of gender and age.
5. States Parties shall take effective legislation and policies, including legislation and policies focusing on women and children, to ensure that instances of exploitation, violence and abuse against persons with disabilities are identified, investigated and, where appropriate, prosecuted. Article 17 Protection
personal integrity Every person with disabilities is entitled to have his physical and mental integrity on an equal basis with others.
Article 18 Freedom of movement and nationality 1. States Parties recognize the right of persons with disabilities to liberty of movement, freedom to choose their residence and nationality, on an equal basis with others, including ensuring that people with disabilities: a) Have the right to acquire and change a nationality and are not deprived of their nationality arbitrarily or on the basis of disability, b) Are not deprived, on the basis of disability, their ability to obtain, possess and utilize documentation their nationality or other documentation of identification, or to utilize relevant processes such as immigration proceedings, which may be necessary to facilitate the exercise of the right to liberty of movement; c) Are free to leave any country, including their own d) Are not deprived, arbitrarily or on the basis of disability, the right to enter his own country.
2. The children with disabilities shall be registered immediately after birth and shall have the right from birth to a name, to acquire a nationality and, as far as possible, to know their parents and be cared for by them.
Article 19 Living independently and being included in the community 10 States Parties to this Convention recognize the equal right of all persons with disabilities to live in the community, with choices equal to those of others, and shall take effective and relevant to facilitate full enjoyment of this right by people with disabilities and their full inclusion and participation in the community, by ensuring that: a) Persons with disabilities have the opportunity to choose their place of residence and where and with whom they live on an equal basis with others, and are not obliged to live under a particular living system, b) Persons with disabilities have access to a variety of home care services, residential and other support services in the community, including personal assistance necessary to support living and inclusion in the community and to prevent isolation or segregation from the c) Facilities and community services for the general population are available on an equal basis to persons with disabilities and are responsive to their needs.
Personal mobility Article 20 States Parties shall take effective measures to ensure that people with disabilities enjoy personal mobility with the greatest possible independence, including: a) Facilitating the personal mobility of persons with disabilities in the manner and at the time of their choice at an affordable cost, b) Facilitating access by persons with disabilities to forms of live assistance and intermediaries, supporting technologies, devices and mobility aids, including by making available at affordable cost; c) Provide persons with disabilities and to specialist staff working with persons trained in skills related to mobility, d) Encouraging entities that produce mobility aids, devices and technologies support to take into account all aspects of mobility for persons with disabilities.
Article 21 Freedom of expression and opinion and access the information States Parties shall take all appropriate measures to enable persons with disabilities can exercise the right to freedom of opinion and expression, including freedom to seek, receive and impart information and ideas on an equal basis with others and through all forms of choice, as defined in Article 2 of this Convention, including: a) Provide persons with disabilities information to the general public in a timely manner and without additional cost, in accessible formats and technologies appropriate to different types of disability, b) Accepting and facilitating the use of sign language Braille, modes, media, and augmentative and alternative communication and all other modes, means and formats of communication of their choice by persons with disabilities in official interactions; c) Urging private entities that provide services to the public in general, including through the Internet, to provide information and services in formats for persons with disabilities to use and have access; d) Encourage the media, including providers of information through Internet, to make make their services accessible to persons with disabilities; e) Recognizing and promoting the use of sign languages.
Article 22 11 Respect for privacy 1. No person with disabilities, regardless of their place of residence or living arrangements, shall be subjected to arbitrary or unlawful interference with his privacy, family, home, correspondence or any other type of communication or to unlawful attacks on his honor and reputation. People with disabilities have the right to be protected by law against such interference or attacks.
2. States Parties shall protect the privacy of personal information relating to 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 end discrimination against people with disabilities in all matters relating to marriage, family, parenthood and relationships, and ensure that disabled people are equal with others, to ensure that: a) Acknowledge the right of all persons with disabilities of marriageable age to marry and to found a family on the basis of free and full consent of the intending spouses; b) The rights of persons with disabilities to decide freely and responsibly the number of children they want and the amount of time between birth and another, and access to information, education on reproductive and family planning age appropriate, and the means necessary 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 regard to custody, guardianship, custody, adoption of children or similar institutions where these concepts exist in national legislation, in all cases ensure the best interests of the child. States Parties shall appropriate assistance to persons with disabilities in the performance of their responsibilities in raising children.
3. States Parties shall ensure that children with disabilities have equal rights regarding family life. To realizing these rights, and to prevent concealment, abandonment, neglect and segregation of children with disabilities, States Parties shall undertake to provide early information, services and support to children with disabilities and their families.
4. States Parties shall ensure that children are not separated from their parents against their will, except when competent authorities subject to judicial review determine, in accordance with the law and procedures, that such separation is necessary in the interests of the child. In no event shall a child be separated from their parents because of a disability of the child, both parents or one of them.
5. States Parties shall make every effort, where the immediate family unable to care for a disabled child, to provide alternative care within the extended family and, failing that, within the community in a family environment.
Article 24 Education 1. States Parties recognize the right of persons with disabilities to education.
12 With a view to realizing this right without discrimination on the basis of equal opportunity, States Parties shall ensure an inclusive education system at all levels and education throughout life, with a view to: ) The full development of human potential and sense of dignity and self-esteem and strengthen respect for human rights, fundamental freedoms and human diversity; b) To fully develop the personality, talents and creativity of people with disabilities and their mental and physical abilities, c) Enabling persons with disabilities to participate effectively in a free society.
2. In realizing this right, States Parties shall ensure that: a) Persons with disabilities are not excluded from the general education system on grounds of disability, and that children with disabilities are not excluded from free and compulsory primary education or secondary basis of disability, b) Persons with disabilities can access an inclusive primary and secondary education, quality education on an equal basis with others in the community in which they live; c) Reasonable accommodation based individual needs; d) provide the necessary support to people with disabilities within the general education system to facilitate their effective education; e) provide individualized support measures effective in environments that maximize academic and social development in accordance with the goal of full inclusion.
3. States Parties shall enable persons with disabilities to learn life skills and social development in order to facilitate their full and equal in education and as members of the community. To this end, States Parties shall take appropriate measures, including: a) Facilitating the learning of Braille, alternative script, ways, means and formats of communication skills or alternative and orientation and mobility, as well as mentoring and peer support; b) Facilitating the learning of sign language and the promotion of linguistic identity of the deaf community; c) Ensuring that the education of people, and particularly children blind, deaf or deafblind, is delivered in the languages \u200b\u200band modes and means of communication for each person and in environments which achieve their full academic and social development.
4. To contribute to realizing this right, States Parties shall take appropriate measures to employ teachers, including teachers with disabilities, who are qualified in sign language or Braille, and to train professionals and staff who work at all educational levels. Such training should include awareness of disability and the use of modes, means and formats of appropriate augmentative and alternative communication, and technical and educational materials to support persons with disabilities.
5. States Parties shall ensure that persons with disabilities have general access to 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 for persons with disabilities. Health
Article 25 States Parties recognize that persons with disabilities are entitled to enjoy the highest attainable standard of health without discrimination on grounds of disability. The 13 States Parties shall take appropriate measures to ensure access for people with disabilities to health services that take into account gender issues, including health-related rehabilitation. In particular, States Parties shall: a) Provide persons with disabilities programs and free health care or affordable in the same variety and quality than others, even in the field of sexual and reproductive health, and programs based public health to the population, b) Provide those health services needed by persons with disabilities specifically because of their disabilities, including early identification and intervention as appropriate, and services designed to prevent and minimize the emergence of new disabilities, including children and people elderly; c) Provide these services as close as possible to communities of people with disabilities, including in rural areas d) Require health professionals to provide people with disabilities as the same quality as the others on the basis of free and informed consent, including through awareness human rights, dignity, autonomy and needs of people with disabilities through training and the promulgation of ethical standards for health care in both public and private e) Prohibit discrimination against persons with disabilities in the provision of health insurance and life when they are permitted in national legislation, and ensure that such insurance is provided in a fair and reasonable; f) Prevent refuse, in a discriminatory manner, health services or health care or food and fluids on the basis of disability.
Article 26 Habilitation and rehabilitation 1. States Parties shall take effective and appropriate measures, including through the support of people who are in the same circumstances, for people with disabilities to attain and maintain maximum independence, full physical, mental, social and vocational ability, and inclusion and full participation in all aspects of life. To this end, States Parties shall organize, strengthen and extend comprehensive habilitation and rehabilitation, particularly in the areas of health, employment, education and social services so that services and programs: a) Begin at the earliest possible stage and based on the multidisciplinary assessment needs and abilities of the individual, b) Support participation and inclusion in the community and all aspects of society, are voluntary and are available for people with disabilities as close as possible to their own communities, including in rural areas.
2. States Parties shall promote the development of initial and continuing training for professionals and staff working in habilitation and rehabilitation.
3. States Parties shall promote the availability, knowledge and use of assistive devices and technologies for persons with disabilities, habilitation and rehabilitation. Article 27 Work
and employment 1. States Parties recognize the right of disabled people to work on an equal basis with others, including the right to have the opportunity to earn a living by work freely chosen or accepted in a market and a work environment that is open, inclusive and accessible to persons with disabilities. States Parties shall safeguard and promote the realization of the right to work, even for people who become disabled during employment, taking appropriate steps, including the enactment of legislation, including: 14 a) Prohibit discrimination on the basis of disability with respect to all matters concerning all forms of employment, including conditions of recruitment, hiring and employment, continuance of employment, career advancement and working conditions safe and healthy b) Protect the rights of persons with disabilities on an equal basis with others, working conditions just and favorable, and in particular equal opportunities and equal remuneration for work of equal value, safe working conditions and health, including protection from harassment, and the redress of grievances; c) Ensure that persons with disabilities to exercise their labor rights and trade union on an equal basis with others; d) Enable persons with disabilities have effective access to general technical and vocational guidance, placement services and vocational and continuing training; e) Promote employment opportunities and career advancement for persons with disabilities in the labor market, and assistance in finding, obtaining, maintaining employment and returning to f) To promote business opportunities for self-employment, the development of cooperatives and starting one's own business; g) Employ persons with disabilities in the public sector, h) Promote the employment of people with disabilities the private sector through appropriate policies and measures, which may include affirmative action programs, incentives and other measures; i) Ensure that reasonable accommodation for persons with disabilities in the workplace; j) Promote the acquisition by persons with disabilities of work experience in the open labor market, k) Promote vocational and professional 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 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 a standard of living for themselves and their families, including food, clothing and housing, and the continuous improvement of living conditions and take appropriate measures to safeguard and promote the exercise of this right without discrimination disability.
2. States Parties recognize the right of persons with disabilities to social protection and enjoyment of that right without discrimination on grounds of disability, and shall take appropriate measures to protect and promote the exercise of that right, including: a) To ensure access under conditions of equality of persons with disabilities to drinking water and access to services and assistance devices other appropriate and affordable to meet the needs related to their disabilities; b) To ensure access for people with disabilities, particularly women and girls and older people with disabilities to social protection programs and strategies to reduce poverty; c) To ensure access for people with disabilities and their families living in poverty to assistance from the State to cover costs associated with their 15, including adequate training, counseling, financial assistance and respite care suitable; d) To ensure access for people with disabilities to public housing; e) Ensuring equal access people with disabilities to retirement benefits and programs.
Article 29 Participation in political and public life States Parties shall guarantee to persons with disabilities political rights and the opportunity to enjoy them on an equal basis with others and commit to: a) Ensure that persons with disabilities effectively and fully participate in political and public life on equal basis with others, directly or through freely chosen representatives, including the right and the opportunity for persons with disabilities to vote and be elected, inter alia, by: i) Ensuring that voting procedures, facilities and materials are appropriate, accessible and easy to understand and use; ii) Protecting the rights of persons with disabilities to vote by secret ballot in elections and public referendums without intimidation, and effectively as candidates in elections, hold office and perform all public functions at all levels of government, facilitating the use of new technologies and technologies where appropriate; iii) Guaranteeing the free expression of the will of persons with disabilities as electors and to this end, if necessary their request, allowing a person of their choice assist them to vote, b) Promote actively an environment in which people with disabilities to participate fully and effectively in public affairs without discrimination and on an equal basis with others, and encourage their participation in public affairs, among other things: i) Your participation in non-governmental organizations and associations related to public and political life of the country, including the activities and administration of political parties; ii) Forming and joining organizations of persons with disabilities to represent persons with disabilities at international, national, regional and local levels, and their incorporation into such organizations. Article 30 Participation
in cultural life, recreation, leisure and sport 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) Enjoy access to cultural materials in accessible formats b) Enjoy access to television programs, films, theater and other cultural activities in accessible formats; c) Enjoy access to places for cultural performances or services, such as theaters, museums, cinemas, libraries and tourism services, and as far as possible, enjoy access to monuments and sites of national culture.
2. States Parties shall take appropriate measures to ensure that people with disabilities 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 measures in accordance with international law, to ensure that laws protecting intellectual property rights do not constitute an unreasonable or discriminatory barrier to access for people with disabilities to cultural materials.
16 4. People with disabilities have the right, on an equal basis with others, to recognition and support their specific cultural and linguistic identity, including sign language and deaf culture.
5. To enable people with disabilities to participate on an equal basis with others in recreational, leisure and sporting activities, States Parties shall take appropriate measures to: a) Encourage and promote participation, to the greatest extent possible, people with disabilities in mainstream sporting activities at all levels; b) Ensure that persons with disabilities have the opportunity to organize and develop sporting and recreational activities specific to such persons and to participate in such activities and, to that end, encourage to be offered, on an equal basis with others, instruction, training and resources; c) Ensure that persons with disabilities have access to sporting, recreational and tourism; d) Ensure that children with disabilities have equal access with other children to participation in play, recreation, leisure and sporting activities, including those held in the school system, e) Ensure that persons with disabilities have access to services from those involved in organizing recreational activities tourism, leisure and sports.
Article 31 Data collection and statistics 1. States Parties undertake to collect appropriate information, including statistical and research data, enabling them to formulate and implement policies to give effect to this Convention. In the process of collecting and maintaining this information shall: a) Comply with legally established safeguards, including legislation on data protection to ensure confidentiality and respect the privacy of persons with disabilities; b) Comply internationally accepted norms to protect human rights and fundamental freedoms and ethical principles in the collection and use of statistics.
2. Information collected under this article shall be disaggregated, as appropriate, and will be used to help assess the compliance of States Parties' obligations under this Convention and to identify and remove barriers faced by people with disabilities in exercising their rights.
3. States Parties shall assume responsibility for the dissemination of these statistics and ensure their accessibility for people 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 give effect to the purpose and The objectives of this Convention, and take effective measures in this respect among States and, where appropriate, in partnership with relevant international and regional organizations and civil society, in particular organizations of persons with disabilities. Such measures could include: a) Ensuring that international cooperation, including development programs, is inclusive and accessible to persons with disabilities; b) Facilitating and supporting capacity-building, including through the exchange and distribution of information, experience, training and best practices; c) Facilitating cooperation in research and access to scientific and technical knowledge, 17 d) Provide, as applicable, appropriate assistance, technical and economic, including facilitating access to accessible and assistive technologies and sharing of technologies, and through the transfer.
2. The provisions of this Article shall apply without prejudice to the obligations incumbent on every State Party under this Convention.
Article 33 National implementation and monitoring 1. States Parties shall, in accordance with its organizational system, designate one or more governmental agencies responsible for matters relating to the implementation of this Convention and consider serious consideration to the establishment or designation of a coordination mechanism to facilitate related action in different sectors at different levels.
2. States Parties shall, in accordance with their legal and administrative systems, maintain, strengthen, designate or establish at the national level, a framework, including one or more independent mechanisms to promote, protect and monitor implementation of this Convention.
When designating or establishing such a mechanism, States Parties shall take into account the principles relating to the status and functioning of national institutions for protection and promotion, human rights.
3. Civil society, particularly people with disabilities and their representative organizations will be involved and participate fully in all levels of the monitoring process.
Article 34 Committee on the Rights of Persons with Disabilities 1. A Committee on the Rights of Persons with Disabilities (hereinafter "the Committee") to perform the functions set forth below.
2. The Committee shall consist, at the time of the coming into force of this Convention, of 12 experts. When the Convention
additional 60 ratifications or accessions, the composition of the will increase by six members, thereby attaining a maximum of 18 members.
3. Committee members serve in their personal capacity and shall be persons of high moral standing and recognized competence and experience in the topics covered by this Convention.
are invited States Parties, when nominating their candidates, taking due account of the provision set out in paragraph 3 of Article 4 of this Convention.
4. Committee members shall be elected by States Parties, consideration being given to equitable geographical distribution, representation of different forms of civilization and the principal legal systems, balanced gender representation and participation of experts with disabilities.
5. Members of the Committee shall be elected by secret ballot from a list of persons nominated by States Parties from among their nationals at meetings of the Conference of States Parties. At these meetings, where two thirds of the States Parties shall constitute a quorum, the persons elected to the Committee shall be those who obtain the largest number of votes and an absolute majority of votes of the representatives of States Parties present and voting.
6. The initial election shall be held not later than six months 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 shall address a letter to States Parties inviting them to submit their nominations within two months. The 18 Secretary General shall subsequently prepare a list which shall list, in alphabetical order, all persons thus nominated, indicating States Parties which have nominated them, and to the States Parties to this Convention.
7. Committee members are elected for a term of four years. They shall be eligible if you have re-nominated. However, the term of six members elected at the first election shall expire after two years immediately after the first election, the names of these six members shall be chosen by lot by the chairperson of the meeting referred to in paragraph 5 of this article .
8. The choice of the other six members of the Committee shall be the occasion of regular elections in accordance with the relevant provisions of this Article.
9. If a member of the Committee dies or resigns or declares that for any other reason, can no longer perform their duties, the State Party which nominated the member shall appoint another expert possessing the qualifications and meeting the requirements under the relevant provisions of this article to serve for the unexpired term.
10. The Committee shall adopt its own rules.
11. The Secretary General of the United Nations shall provide the personnel and facilities necessary for the effective performance of the functions of the Committee under this Convention and shall convene its initial meeting.
12. With the approval of the General Assembly of the United Nations, members of the Committee established under the present Convention shall receive emoluments from United Nations resources on such terms and conditions as the Assembly may decide, taking into consideration the importance of the Committee's responsibilities.
13. Members of the Committee shall be entitled to the facilities, privileges and immunities accorded to experts performing missions for the United Nations, in accordance with the provisions of relevant sections of the Convention on the Privileges and Immunities of the United Nations.
Article 35 Reports by States Parties 1. States Parties shall submit to the Committee through the Secretary General of the United Nations, a comprehensive report on measures taken to comply with its obligations under this Convention and the progress made in this regard within two years as input from into force of this Convention in the State party concerned.
2. Thereafter, States Parties shall submit subsequent reports at least every four years and further whenever the Committee so requests.
3. The Committee shall decide any guidelines applicable to the content of the reports.
4. The State party has submitted a comprehensive initial report to the Committee need not repeat in its subsequent reports, the information previously provided.
are invited States Parties, when preparing reports to the Committee, so in an open and transparent and give due consideration to the provisions of paragraph 3 of Article 4 of this Convention.
5. Reports may indicate factors and difficulties affecting the degree of compliance with its obligations under this Convention.
Article 36 Consideration of reports 1. The Committee will consider all reports, make suggestions and recommendations as it deems necessary in regard to them and forward them to the State Party concerned. This may respond to the Committee any information you want. The Committee may request from States Parties further information regarding the implementation of this Convention.
2. When a State Party is significantly overdue in the submission of a report, the Committee may notify the need to review the implementation of this 19 Convention in that State Party, on the basis of reliable information available to the Committee, if the report is not submitted within three months of notification. The Committee invited the State Party concerned to participate in the review. If the State Party respond by submitting the relevant report, shall apply the provisions of paragraph 1 of this article.
3. The Secretary General of the United Nations shall make reports available to all States Parties.
4. States Parties shall give wide publicity as reports in their own countries and facilitate access to the suggestions and recommendations on these reports.
5. The Committee shall transmit, as it deems appropriate to the specialized agencies, funds and programs of the United Nations and other competent bodies, reports of States Parties in order to address a request or indication of a need for advice or support them to bear, together with comments and recommendations, if any, on these requests or indications.
Article 37 Cooperation between States Parties and the Committee 1. States Parties shall cooperate with the Committee and assist its members to fulfill its mandate.
2. In its relationship with States Parties, the Committee shall give due consideration to ways and means to improve national capacity for implementation of this Convention, including through international cooperation.
Article 38 Relationship of the Committee with other bodies to promote effective implementation of this Convention and to encourage international cooperation in the area that comprises: a) The specialized agencies and other United Nations organs shall be entitled to be represented at consideration of the application of the provisions of this Convention that come within its mandate. The Committee may invite the specialized agencies and other competent bodies as it deems appropriate 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 organs to submit reports on the implementation of the Convention in areas falling within its scope of activities; b) In exercising its mandate, the Committee shall consult, as appropriate, other relevant bodies instituted by international human rights treaties in order to ensure consistency in their respective guidelines reporting, suggestions and general recommendations, and avoid duplication and overlap in the performance of their duties.
Article 39 Report of the Committee The Committee shall report biennially to the General Assembly and the Economic and Social Council on its activities and may make suggestions and general recommendations based on the examination of reports and information received from States Parties to the Convention. Such suggestions and general recommendations are included in the report of the Committee together with comments, if any, from States Parties.
Article 40 Conference of States Parties 20 1. States Parties shall meet regularly in a Conference of States Parties to consider any matter relating to the implementation of this Convention.
2. The Secretary General of the United Nations convened the Conference of States Parties within a period not exceeding six months from the entry into force of this Convention. The subsequent meetings biennially or upon the decision of the Conference of States Parties shall be convened by the Secretary General.
Article 41 Depositary The Secretary-General of the United Nations is the depositary of this Convention.
Article 42 Signature This Convention shall be open for signature by all States and regional integration organizations at United Nations Headquarters in New York, from March 30, 2007.
Article 43 Consent to be bound The present Convention shall be subject to ratification by signatory States and to formal confirmation by signatory regional integration organizations. Be open to accession by any State or regional integration organization which has not signed.
Article 44 Regional integration organizations 1. For "Regional integration organization" means an organization constituted by sovereign States of a region to which its member States have transferred competence in respect of matters governed by this Convention.
Such organizations shall declare, in their instruments of formal confirmation or accession, the extent of competence over matters governed by this Convention.
then inform the depositary of any substantial change to the level of competition.
2. References to "States Parties" under this Convention shall apply to such organizations within the limits of their competence.
3. For the purposes of paragraph 1 of Article 45 and paragraphs 2 and 3 of Article 47 of this Convention, it shall any instrument deposited by a regional economic integration.
4. Regional integration organizations, in matters within their competence, shall 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 organizations shall not exercise their right to vote if their member States exercise theirs and vice versa.
Article 45 Entry into force 1. The present Convention shall enter into force thirty days from the date of deposit of the twentieth instrument of ratification or accession.
2. For each State or regional organization integration to ratify the Convention, accedes to or officially confirmed after the deposit of the twentieth such instrument, the Convention shall enter into force thirty days from the date of deposit of its own instrument.
Article 46 21 Reservations 1. No Reservations incompatible with the object and purpose of this Convention.
2. Reservations may be withdrawn at any time.
Article 47 Amendments 1. A State Party may propose amendments to this Convention and submit to the Secretary General of the United Nations. The Secretary General shall communicate any proposed amendments to States Parties with a request that they indicate whether they favor a conference of States Parties to consider the proposal and vote. If within four months from the date of such communication, at least one third of the States Parties for such a meeting, the Secretary General shall convene the conference under the auspices of the United Nations.
Any amendment adopted by a majority of two thirds of States Parties present and voting at the conference shall be submitted by the Secretary General to the General Assembly of the United Nations for approval and thereafter to all States Parties for acceptance.
2. An amendment adopted and approved pursuant to in paragraph 1 of this article shall enter into force thirty days from the date on which the number of instruments of acceptance deposited reaches two thirds of States Parties at the date of adoption of the amendment. Thereafter, the amendment shall enter into force for any State Party on the thirtieth day after that on which the deposit of its own instrument of acceptance. The amendments will be binding only on those States Parties which have accepted.
3. If so decided by the Conference of States Parties by consensus, an amendment adopted and approved in accordance with the provisions of 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 that in which the number of instruments of acceptance deposited reaches two thirds of States Parties at the date of adoption of the amendment.
Article 48 Denunciation A State Party may denounce this Convention by written notification addressed to the Secretary General of the United Nations. Denunciation shall take effect one year after the Secretary General has received the notification.
Article 49 Accessible format The text of this Convention is available in accessible formats.
Article 50 Authentic texts The Arabic, Chinese, English, French, English and Russian of the present Convention shall be equally authentic.
IN WITNESS WHEREOF the undersigned plenipotentiaries, being duly authorized by their respective Governments, have signed this Convention. Annex II 22
Optional Protocol to the Convention on the Rights of Persons with disabilities States Parties to this Protocol have agreed as follows: Article 1 1. Each State Party to this Protocol ("State Party") recognizes the competence of the Committee on the Rights of Persons with Disabilities ("Committee") to receive and consider communications from individuals or groups of individuals subject to its jurisdiction who claim to be victims of a violation by that State party of any provision of the Convention, or on behalf of such persons or groups of people.
2. The Committee did not receive any communication that concerns a State Party to the Convention that is not party to this Protocol.
Article 2 The Committee considered a communication inadmissible when: a) is anonymous; b) constitutes an abuse of the right to submit such communications or is incompatible with the provisions of the Convention; c) The same matter has already been examined by Committee or has been or is being examined under another procedure of international investigation or settlement; d) have not exhausted all available domestic remedies, unless the application of the remedies is unreasonably prolonged or unlikely that they will achieve a effective remedy; e) It is manifestly ill-founded or not sufficiently substantiated; of) The facts of the communication occurred before the date of entry into force of this Protocol for the State Party concerned unless those facts continued after that date .
Article 3 Without prejudice to Article 2 of this Protocol, the Committee shall bring the State party, in confidence, any communication received under this Protocol. Within six months, the State shall submit to the Committee written explanations or statements clarifying the matter and suggest remedial measures it has taken the State party, if any.
Article 4 1. Having received a communication and before reaching a conclusion on the merits of this, the Committee may transmit any time the State Party concerned, for the purposes of its urgent consideration a request to adopt interim measures necessary to avoid irreparable harm to the victim or victims of the alleged violation.
2. The exercise by the Committee of its discretion under paragraph 1 of this article does not imply a determination on admissibility or on the merits.
Article 5 The Committee will consider in closed session communications received under this Protocol. After examining a communication, the Committee shall forward its suggestions and recommendations, if any, the State Party concerned and to the petitioner.
Article 6 23 1. If the Committee receives reliable information indicating grave or systematic violations by a State Party of rights set forth in the Convention, the Committee shall invite the State Party to cooperate en el examen de la información y, a esos efectos, a presentar observaciones sobre dicha información.
2. Tomando en consideración las observaciones que haya presentado el Estado Parte interesado, así como toda información fidedigna que esté a su disposición, el Comité podrá encargar a uno o más de sus miembros que lleven a cabo una investigación y presenten, con carácter urgente, un informe al Comité. Cuando se justifique y con el consentimiento del Estado Parte, la investigación podrá incluir una visita a su territorio.
3. Tras examinar las conclusiones de la investigación, el Comité las transmitirá al Estado Parte interesado, junto con las observaciones y recomendaciones it deems appropriate.
4. Within six months after receiving the findings of the investigation and the comments and recommendations transmitted by the Committee, the State party submit its observations to the Committee.
5. The research will be conducted confidentially and at all stages will be sought cooperation of the State Party.
Article 7 1. The Committee may invite the State Party concerned to include in the report to be submitted under Article 35 of the Convention details of any measures taken in response to an inquiry conducted under article 6 of this Protocol.
2. After the expiry of six months referred to in paragraph 4 of Article 6, the Committee may, if necessary, invite the State Party concerned to inform it of any action taken as a result of the investigation.
Article 8 Each State Party may at the time of signature or ratification of this Protocol or accession thereto, declare that it recognizes the competence of the Committee provided for in Articles 6 and 7.
Article 9 The Secretary General of the United Nations is the depositary of this Protocol.
Article 10 This Protocol shall be open for signature by all States and regional integration signatories to the Convention in the United Nations Headquarters in New York, from March 30, 2007.
Article 11 This Protocol shall be subject to ratification by signatory States of this Protocol which have ratified or acceded to it. Is subject to formal confirmation by signatory regional integration organizations of this Protocol which have formally confirmed the Convention or acceded to it.
be open to accession by any State or regional integration organization which has ratified the Convention, formally confirmed or acceded to it and has not signed this Protocol.
Article 12 1. For "Regional integration organization" means an organization constituted by sovereign States of a region to which its member States have transferred competence in respect of matters governed by the Convention and this Protocol. Such organizations shall declare, in their instruments of formal confirmation or accession 24, their level of competence over matters governed by the Convention and this Protocol. Subsequently inform the depositary of any substantial change in their level of competence.
2. References to "States Parties" under this Protocol shall apply to such organizations within the limits of its competence.
3. For the purposes of paragraph 1 of Article 13 and paragraph 2 of Article 15 of this Protocol shall not be any instrument deposited by a regional economic integration.
4. Regional integration organizations, in matters within their competence, shall exercise their right to vote at the Meeting of States Parties, with a number of votes equal to the number of their member States that are Parties to this Protocol. Such organizations shall not exercise their right to vote if their member States exercise theirs and vice versa.
Article 13 1. Subject to the entry into force of the Convention, this Protocol shall enter into force thirty days after the deposit of the tenth instrument of ratification or accession.
2. For each State or regional integration organization ratifying the Protocol, formally confirming or acceding to it after the deposit of the tenth such instrument, the Protocol shall enter into force thirty days from the date of deposit of its own instrument.
Article 14 1. No Reservations incompatible with the object and purpose of this Protocol.
2. Reservations may be withdrawn at any time. Article
15 1. Any State Party may propose an amendment to this Protocol and submit to the Secretary General of the United Nations. The Secretary General shall communicate the proposed amendment to States Parties with a request that they indicate whether they favor a conference of States Parties to consider the proposal and vote. If within four months from the date of such communication, at least one third of the States Parties for such a meeting, the Secretary General shall convene the conference under the auspices of the United Nations. Any amendment adopted by a majority of two thirds of States Parties present and voting at the conference shall be submitted by the Secretary General to the General Assembly of the United Nations for approval and thereafter to all States Parties for acceptance.
2. An amendment adopted and approved under the provisions of paragraph 1 of this Article shall enter into force thirty days from the date on which the number of instruments of acceptance deposited reaches two thirds of States Parties at the date adoption of the amendment. Thereafter the amendments shall enter into force for any State Party on the thirtieth day after that on which the deposit of its own instrument of acceptance. The amendments will be binding only on those States Parties which have accepted.
Article 16 States Parties may denounce this Protocol by written notification addressed to the Secretary General of the United Nations. Denunciation shall take effect one year after the Secretary General has received the notification.
Article 17 25 The text of this Protocol is available in accessible formats.
Article 18 The Arabic, Chinese, English, French, Russian and this Protocol are equally authentic.
IN WITNESS WHEREOF the undersigned plenipotentiaries, being duly authorized by their respective Governments, have signed this Protocol. Download 26
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