United Nations Convention on the Rights
of people with disabilities Distr. general
November 18, 2009 English
Original: English
Committee on the Rights of Persons with Disabilities
Second session Geneva, 19-23 October 2009
Guidelines on the Convention-specific document to be submitted by States parties under paragraph 1 of Article 35 of the Convention on the Rights of Persons with Disabilities
Note by the Secretary General
1. In accordance with paragraph 1 of Article 35 of the Convention on the Rights of Persons with Disabilities (the Convention), States Parties undertake to submit to the Secretary General of the United Nations for consideration by the Committee on the Rights of Persons with Disabilities (the Committee), a report on measures taken to comply with its obligations under the Convention: a) two years after the entry into force of the Convention in the State concerned and b) thereafter at least every four years and further whenever the Committee is requested. Paragraph 1 of Article 36 provides that the Committee may request further information from States parties.
2. The purpose of the reporting guidelines is to assist States parties on the form and content of reports to facilitate preparation and ensure their comprehensiveness and consistency in the presentation. Compliance with the reporting guidelines also reduce the need for the Committee to request more information under Article 36 of the Convention and paragraph 3 of Article 36 of its rules.
3. States should consider that the reporting process, including preparation of reports, is not merely a way of fulfilling their international obligations, but also an opportunity to take stock of protecting human rights within its jurisdiction effects of a more effective planning policy and more effective implementation of the Convention. Accordingly, the reporting process offers the opportunity for each State party:
a) Undertake a comprehensive review of the measures taken to harmonize national laws and policy with the provisions of international human rights treaties to which it is relevant party;
b) Monitor progress made in the enjoyment of the rights established in treaties, in the context of promoting human rights in general;
c) Identify problems and shortcomings that have in their approach to the implementation of treaties;
d) Plan and develop appropriate policies to achieve those goals.
addition, States parties should encourage and facilitate the participation of nongovernmental organizations (NGOs), including organizations of persons with disabilities in the preparation of reports. This participation construction of these organizations improve the quality of reports and promote the enjoyment by all of the rights protected by the Convention. The reports should contain an explanation of the procedure for consultation with civil society and in particular with organizations representing persons with disabilities, and measures taken to ensure that the process is fully accessible.
4. States parties should recognize and respect the diversity of persons with disabilities and ensure that your report is not general, but specifically relates to the different types of disability, when the situation demands.
5. The Committee adopted these guidelines take into account the harmonized guidelines on reporting to the bodies of international human rights treaties (HRI/GEN/2/Rev.5). These guidelines were updated in the future in order to incorporate the evolving practice of the Committee regarding the implementation of the Convention as reflected in its concluding observations, general comments and statements.
6. In the Annex to this document contains the text of the guidelines relating to specific documents on the Convention to be submitted by States parties under article 35. Annex
Guidelines on the Convention-specific document to be submitted by States parties under article 35 of the Convention on the Rights of Persons with Disabilities
A. The current reporting system and organization of information to be included in the common core document and the Convention-specific document submitted to the Committee on the Rights of Persons with Disabilities
A.1. The reports submitted by States in accordance with the harmonized guidelines on reporting to the bodies of international human rights treaties have two parts: a common core document and treaty-specific document.
A.2. The common core document
A.2.1 The common core document should include general information about the reporting State and the general framework of protection and promotion of human rights with a breakdown by gender, age, major population groups and disability and information on non-discrimination and equality and effective remedies, in accordance with the harmonized guidelines.
A.3. The treaty-specific document
A.3.1 The specific document submitted to the Committee on the Rights of Persons with Disabilities should not repeat the information in the common core document and reduced to a list or description of the legislation adopted by the State party. Rather, it must contain specific information on the application, in law and in practice, of Articles 1 to 33 of the Convention, taking into account the analytical information about what has happened recently in law and practice concerning with the full enjoyment of the rights recognized in the Convention by all people with any type of disability in the territory or jurisdiction of the State party. It should also contain details of the substantive measures taken to achieve the above objectives and progress accordingly. Where appropriate, this information should submitted in relation to policies and legislation applicable to persons without disabilities. In all cases, indicate the source of the data. A.3.2
regard to the rights recognized in the Convention-specific document should indicate:
a) If the State party has adopted policies, strategies and a national legal framework to give effect to each of the rights recognized in the Convention, indicating the resources available for that purpose and the most cost-effective means of using those resources;
b) If the State party had adopted comprehensive legislation against discrimination on grounds of disability to implement the provisions of the Convention in this regard;
c) Any mechanism established to monitor progress towards the full realization of the rights recognized in the Convention, including the relevant indicators and national benchmarks in relation to each right guaranteed in the Convention, in addition to the information provided under Appendix 3 of the harmonized guidelines and taking into account the framework and illustrative tables indicators presented by the Office of the High Commissioner for Human Rights (OHCHR) (HRI/MC/2008/3);
d) The mechanisms established to ensure that the obligations of the State party under the Convention are fully integrated in acting as a member of international organizations;
e) The incorporation and direct applicability of each of the rights recognized in the Convention in national law, with specific examples of relevant court cases;
f) The judicial and other resources available to such victims to seek redress if their rights have been violated under the Convention;
g) Structural barriers and other obstacles important product of factors over which the State party has no control, which prevent full realization of the rights recognized in the Convention, including details of measures taken to overcome them;
h) Statistical data on the performance of each of the rights recognized in the Convention and disaggregated by sex, age, disability (physical, sensory, intellectual and mental), ethnicity, urban / rural population and other relevant categories presented on a comparative basis year for the past four years. A.3.3
specific document on the Convention must be submitted electronically and in print.
A.3.4 The report should follow paragraphs 24 to 26 and 29 of the harmonized guidelines.
A.3.5 The format of the Convention-specific document should comply with paragraphs 19 to 23 of the harmonized guidelines. The initial report should not exceed 60 pages, and subsequent reports shall be limited to 40 pages. Paragraphs should be numbered consecutively.
A.4. Initial reports
A.4.1 The initial specific document on the Convention, together with the core document, constitutes the State party's initial report and is their first opportunity to show the Committee the extent to which its laws and practices comply with the Convention.
A.4.2 The State party should deal specifically with every article of the Convention. In addition to the information contained in the common core document, document Convention-specific detailed analysis should be presented, with the necessary explanations, the effect of legal rules on the factual situation of persons with disabilities and the practical availability of resources in the event of violation of the provisions of Convention and its implementation and effect, with special reference to the most vulnerable population, including women and children. A.4.3
specific document initial Convention shall, to the extent that such information not already included in the common core document, indicate any distinction, exclusion and restriction is made on the basis of disability, even of a temporary nature, whether imposed by law, practice or tradition, or in any other way to limit the enjoyment by persons with disabilities in each of the provisions of the Convention.
A.4.4 The initial specific document on the Convention should contain sufficient quotations from or summaries of the constitutions, legislative, judicial and other in which rights are guaranteed under the Convention and provide remedies in relation thereto, particularly if these are not attached to the report or are not available in one of the working languages \u200b\u200bof the United Nations.
A.5. A.5.1 The newspaper reports
Next Convention-specific document, together with the core document, constitutes the periodic report should focus on the period between the consideration of State party's previous report and the presentation of the new.
A.5.2 The structure of periodic reports on the Convention must follow the main articles of the Convention. If there have been no developments in relation to any article, it should be stated. A.5.3
Each successive specific documents on the Convention will have at least three basic elements:
a) Information on the implementation of the recommendations in the comments end (particularly the sections entitled "Concerns" and "Recommendations") of the previous report and explanations of the violations and the difficulties encountered;
b) An analytical review and forward the results of the provisions and appropriate additional measures, legal and otherwise, have been taken to implement the Convention;
c) information on the obstacles remaining or new obstacles to the exercise and enjoyment by persons with disabilities of their human rights and fundamental freedoms in the civil, political, economic, social, cultural, or any other, and on the measures envisaged to overcome these obstacles. A.5.4
Documents Periodic Convention shall in particular relate to the impact of measures taken and analyze trends over time in terms of eliminating discrimination against persons with disabilities and ensure the full enjoyment of their human rights. A.5.5
Regular specific documents on the Convention should also cover the implementation of the Convention with respect to different groups of people with disabilities, particularly those subject to multiple forms of discrimination.
A.5.6 In the event that there has been a fundamental change the legal and political framework of the State party that affect the implementation of the Convention or the State party has taken further legal or administrative measures that may require the annexure of texts, judicial decisions and other decisions, the information must be included in the specific document the Convention.
A.6. Exceptional reports
A.6.1 These guidelines do not affect the committee procedure in respect of exceptional reports that may be requested and are governed by the rules of procedure.
A.7. Annexes A.7.1
reports, if necessary, the report will be submitted electronically and in print together a sufficient number of copies in one of the working languages \u200b\u200bof the United Nations the principal legislative, judicial, administrative and other supplementary documents which the State has the wish to have distributed to all members of the Committee to facilitate consideration of the report. The texts may be submitted in accordance with paragraph 20 of the harmonized guidelines on reporting.
A.8. Measures to implement the outcomes of conferences, summits and United Nations
A.8.1 The Convention-specific document should also include information on the implementation of the elements of the Millennium Development Goals relating to disability and the results of other conferences, summits and reviews relevant United Nations.
A.9. A.9.1
general recommendations in the preparation of the Convention-specific document should take into account the general recommendations adopted by the Committee.
A.10. Reservations and declarations
A.10.1 The common core document should include general information on reservations and declarations in accordance with paragraph 40 b) of the harmonized guidelines on reporting. Furthermore, it should include specific information on reservations and declarations to the Convention on the Convention document submitted to the Committee at the Committee's statements on reservations and, where applicable, the Committee's concluding observations. The State party should explain any reservations or declarations concerning an article of the Convention and to clarify the reasons for its continuation. A.10.2
States parties which have made general reservations which do not relate to a specific article, or which relate to Articles 4, 5 and 12 must report on the interpretation and effect of those reservations. States parties should provide information on reservations or declarations submitted in connection with other similar obligations human rights treaties.
A.11. Conventions of the International Labour Organization
A.11.1 States which are party to any of the conventions of the International Labour Organization (ILO) listed in Appendix 2 of the harmonized guidelines, or any other relevant conventions of the specialized agencies United Nations, and has already submitted to the committee reports that relate to any of the rights recognized in the Convention, shall include as an appendix to the relevant parts of those reports rather than repeat the information in the specific document Convention. However, all matters relating to Convention which is not completely covered in those reports should be addressed in the Convention-specific document.
A.12. Optional Protocol
A.12.1 If the State party has ratified the Optional Protocol or acceded to it and the Committee has made comments which mentioned the need to provide a remedy or expressing any other concern, relating to a communication received under the Protocol, the Convention-specific document should include further information on the corrective actions taken and other measures have been taken to avoid recurrence of the circumstance giving rise to communication. Reports should also indicate which provisions of legislation in force in the State party considered an obstacle to the implementation of the Optional Protocol and whether there are plans to revise those provisions.
A.12.2 If a State party has ratified the Optional Protocol or acceded to it and the Committee has conducted an investigation pursuant to Article 6 of the Optional Protocol, the Convention-specific document should include details of other measures taken in response to research and to ensure that no recurrence of the violations that led to it.
B. Section of the Convention-specific document relating to general provisions of the same
Items 1 to 4 of the Convention
These articles establish the purpose, definitions, general principles and obligations of the Convention.
States parties should report on:
• The definition of disability used to collect the data analyzed, what impediments have been included and the concept of "long term."
• The means by which national legislation defines and understands the concepts of Articles 1 and 2 of the Convention, including laws, regulations, social customs or practices that discriminate on the basis of disability. • The means by
which the State party to define and interpret the concept of "reasonable accommodation" and the condition of not imposing "a disproportionate or undue burden," providing examples.
• The way we have put in place the principles and general obligations of Articles 3 and 4 of the Convention and how they are expected to ensure their effective implementation, in particular the principle of promoting the full realization of the rights recognized in the Convention without discrimination based on disability, as provided in Article 4, providing examples.
• Disaggregated statistical data and comparative data on the effectiveness of specific anti-discrimination measures and progress in ensuring equal the performance of each of the rights recognized in the Convention by persons with disabilities, including a gender perspective and based on age.
• The rights recognized in the Convention that the State party has sought to progressively and the rights that are committed to implement immediately. Describe the effect of these latest measures.
• The degree of participation of persons with disabilities, including women, children and girls with disabilities in the development, implementation and evaluation of policies and legislation to introduce the Convention. It should also indicate the diversity of people with disabilities who have participated in these processes with a gender perspective and based on age.
• If the state has measures that offer a higher level of protection of the rights of persons with disabilities that the provisions of the Convention, as outlined in paragraph 4 of Article 4.
• The way has ensured that the provisions of the Convention shall apply in all parts of the State without limitations or exceptions in the case of highly decentralized federal states.
C. Section of the report relating to specific rights
Article 5 Equality and non discrimination
This article recognizes that all persons are equal before the law and are entitled to equal protection and benefit of the law equally without discrimination.
States parties should report on:
• If people with disabilities may rely on the law to protect or pursue their interests on an equal basis with others;
• Effective measures taken to ensure to persons with disabilities equal legal protection and effective against all forms of discrimination, including providing reasonable accommodation;
• Policies and programs, including affirmative action measures to achieve de facto equality of persons with disabilities, taking into account their diversity.
Article 8 Awareness
This article establishes the obligation of States parties to implement effective policies awareness to promote a positive image of persons with disabilities. The report should contain information on measures taken to raise awareness of people with disabilities, to promote respect for their rights and their dignity, their capabilities and contributions, and to combat stereotypes and prejudices against them.
States parties should report on:
• Awareness campaigns aimed at society in general and within the educational system and the activities undertaken by the mainstream media media;
• The steps taken to publicize the Convention and the rights recognized and report on people with disabilities and other sectors of society. Article 9 Accessibility
This article establishes the obligation of States parties to take steps to ensure that people with disabilities to live independently and participate fully in all aspects of life.
States parties should report on:
• The legislative and other measures taken to ensure access for people with disabilities on an equal basis with others, the physical environment (including the use of signals indicator and street signs), transport, information and communications technology (including technology and information systems and communications) and other facilities provided to the public, including private, urban and rural areas under with paragraphs 2 b) 2 h) of Article 9 of the Convention;
• Technical standards and guidelines on accessibility and compliance audits and penalties for non-compliance, and if the funds obtained through sanctions monetary measures are dedicated to promoting accessibility;
• Using public procurement provisions and other measures to establish mandatory requirements for accessibility;
• The identification and elimination of obstacles and barriers to accessibility, including private and public sectors, and the existence of accessibility plans with goals and deadlines.
Article 10 Right to life
This article reaffirms the inherent right to life of persons with disabilities on an equal basis with others.
States parties should report on:
• If the law recognizes and protects the right to life and survival of people with disabilities on an equal basis with others;
• If people with disabilities are subject to arbitrary deprivation of life.
Article 11 Situations of risk and humanitarian emergencies
This article obliges States parties to ensure the safety and security of people with disabilities in situations of risk, including situations of armed conflict, humanitarian emergencies and natural disasters.
States Parties should report on measures taken to ensure the safety and security of people with disabilities, including measures for inclusion in national emergency protocols.
States Parties should report on measures taken to ensure that humanitarian relief assistance is distributed in the form accessible to people with disabilities who are in a humanitarian emergency, including measures taken to ensure that emergency shelters and refugee camps have latrines and health services accessible to persons with disabilities.
Article 12 Equal recognition before the law
This article reaffirms that persons with disabilities are entitled to recognition as a legal personality.
States parties should report on:
• Measures taken to ensure that people with disabilities can exercise their legal capacity on an equal basis with others in all aspects of life, including measures to ensure the right of persons with disabilities to maintain their physical and mental integrity, to full participation as citizens, to own and inherit property, to control their own financial affairs and equal access to bank loans, mortgages and other forms of financial credit, and their right not to be deprived of property arbitrarily;
• Whether there is legislation to restrict the legal capacity on grounds of disability, and measures taken to comply with Article 12 of the Convention;
• The support available to people with disabilities to exercise their legal capacity and manage their finances,
• The existence of safeguards against abuse of assisted models of decision-making;
• Promoting awareness and education campaigns on the recognition of equality before the law for all persons with disabilities.
Article 13 Access to justice
This article recognizes the right of persons with disabilities have effective access to justice on an equal basis with others, without being excluded from court proceedings.
States parties should report on:
• Measures taken to ensure all people with disabilities have effective access to justice at all stages of court proceedings, including the stages of education and other preliminary stages
• Measures taken to ensure that staff are trained effectively to the judiciary and the national prison system respecting the rights of persons with disabilities;
• The existence of reasonable adjustments, including adjustments in judicial proceedings to ensure the effective participation of people with all types of disabilities in the justice system, regardless of the situation in which they are (for example, as victims, defendants, witnesses, jurors, etc.).
• age-related adjustments to ensure participation effective children and youth with disabilities.
Article 14 Liberty and security of the person
It ensures that people with disabilities enjoy the right to liberty and personal security and are not deprived of their liberty unlawfully or arbitrarily, because of the existence of a disability.
States parties should report on:
• Measures taken by the State party to ensure that all people with any disabilities enjoy the right to liberty and security of person and that nobody is deprived of his liberty because of disability;
• The measures taken to abolish all laws which permit the institutionalization or imprisonment of all persons with any disability;
• The legislative and other measures taken to ensure that they give people with disabilities who have been deprived of their liberty necessary reasonable adjustments, and benefit of the same procedural protections as other people to fully enjoy other human rights.
Article 15 Protection from torture and other cruel, inhuman or degrading
This article provides for the protection of persons with disabilities from torture or other cruel, inhuman or degrading treatment.
States parties should report on:
• The protection measures for people with disabilities, including those who need support to exercise their legal capacity, are not subjected to medical or scientific experimentation without their free and informed
• The inclusion of persons with disabilities strategies and mechanisms to prevent torture.
Article 16 Freedom from exploitation, violence and abuse
This article protects all persons with disabilities, especially children and women with disabilities in all forms of exploitation, violence and abuse in the within the home and outside it.
States parties should report on:
• The appropriate legislative, administrative, social, educational and other measures taken to protect persons with disabilities, both within the home and outside, from all forms of exploitation, violence and abuse, including aspects related to gender and children;
• social protection measures aimed at supporting people with disabilities, including their families and caregivers, and prevent, recognize and report instances of exploitation, violence and abuse, including issues related to gender and age-based;
• Measures taken to ensure that all services and programs to serve people with disabilities are effectively monitored by independent authorities
• Measures to ensure that all persons with disabilities who are victims of violence have access to services and effective programs of recovery, rehabilitation and social reintegration ;
• Measures taken to ensure that all available resources and services to prevent violence and to support and assist the victims are accessible to persons with disabilities;
• Legislation and policies, including legislation and policies focusing on women and children , which they will be recognized, investigated and, where appropriate, be brought to justice, all cases of exploitation, violence and abuse against persons with disabilities.
Article 17 Protection of personal integrity
This article establishes the right of all persons with disabilities to respect their physical and mental.
States parties should report on:
• Measures taken to protect persons with disabilities to medical (or other) given without full and informed consent of the person;
• Measures taken to protect all persons with disabilities from forced sterilization, and girls and women against forced abortion;
• The existence, composition and role of independent review organizations responsible for ensuring compliance with this law as well as the programs and measures taken by these bodies.
Article 18 Freedom of movement and nationality
This article recognizes the right of persons with disabilities to liberty of movement and choice of place of residence and to a nationality.
States parties should report on:
• legislative or administrative measures taken to ensure the right of persons with disabilities to acquire a nationality and are not deprived of it, and their right to enter or leave the country according to their own desire;
• Measures taken to ensure that all children with disabilities newborns be registered immediately after birth and given a name and a nationality.
Article 19 Right to live independently and being included in the community
This article recognizes the right of persons with disabilities to live independently and participate in the community.
States parties should report on:
• The existence of independent living systems, including the availability of personal assistants, in the case of those who need it;
• The existence of support services home to enable disabled people to live in their community;
• The existence and diversity of options for residential services that allow different ways of life, including shared housing and protected, taking into account the type of disability;
• The degree of accessibility for people with disabilities to community facilities and services available to the general population.
Article 20 Personal mobility
This article recognizes the right of persons with disabilities to move freely as independently as possible.
States parties should report on:
• Measures to facilitate the mobility of people with disabilities in the manner and time of your choice, including the use of road signs and street signs to recognize the availability and access to forms of assistance (human, animal, or through technologies and devices assistance), at an affordable cost;
• Measures taken to ensure that technologies are both high quality, affordable and easy to use;
• Measures taken to teach personal mobility skills to persons with disabilities and to specialist staff working with them;
• Measures taken to encourage entities that produce mobility aids, devices and assistive technologies to take into account all aspects of mobility for persons with disabilities.
Article 21 Freedom of expression and opinion and access to information
This article recognizes the right of persons with disabilities to freedom of expression and opinion, including freedom to seek, receive and impart information and ideas through any form of communication of their choice.
States parties should report on:
• The legislative and other measures taken to ensure that the information to the public in general to be accessible to persons with disabilities in a timely manner and without additional cost;
• The legislative and other measures taken to ensure that in all official interaction and access to information, people with disabilities can use their preferred means of communication, eg sign language, Braille, augmentative and alternative communication and other accessible formats;
• Measures taken to ensure that private entities and the media provide information and services accessible to persons with disabilities, including measures to prevent the blocking or restricting private sector access to information in alternative formats
• The degree of accessibility of media media and the percentage of public web sites that meet the standards of the Web Accessibility Initiative (WAI) (Initiative on Web accessibility);
• The legislative and other measures taken in connection with official recognition (the ) language (s) of signs.
Article 22 Respect for privacy
This article recognizes the right of all persons with disabilities to protection of his private life, honor and reputation.
States Parties should report on measures taken to protect the confidentiality of personal information, medical and related to the rehabilitation of persons with disabilities. The
Estados partes informarán sobre las medidas adoptadas para que las personas con discapacidad no sean ocultadas so pretexto de estar defendiendo su privacidad.
Artículo 23
Respeto del hogar y de la familia
Este artículo reconoce el derecho de las personas con discapacidad a casarse y fundar una familia, a decidir libremente el número de hijos que quieren tener y a mantener su fertilidad en igualdad de condiciones con las demás.
Los Estados partes informarán sobre:
• Las medidas adoptadas para asegurar que las personas con discapacidad puedan ejercer su derecho a casarse y a fundar una familia sobre la base del consentimiento libre y pleno;
• Las medidas adoptadas para que las personas con disabilities have access to family planning, assisted reproduction and adoption programs or placement of children in care;
• Measures for parents with disabilities who require assistance have the right to carry out their responsibilities parenting, thus ensuring the parent-child relationship;
• Measures taken to ensure that no child is separated from his parents on the basis of a disability of the child, both parents or one of them
• Measures to support parents and families of children with disabilities in order to prevent concealment, abandonment, neglect or segregation of the child or the child with disabilities;
• Measures taken to avoid institutionalization of children with disabilities whose parents can not care for them and to ensure that they provide alternative care within the extended family, if that is not possible within the community in a family setting
• Measures taken to prevent the forced sterilization of persons with disabilities, especially women and girls. Article 24 Education
This article recognizes the right of persons with disabilities to education on the basis of equality of opportunity with an education system inclusive at all levels and facilitating access to education throughout life.
States parties should report on:
• Measures taken to ensure that all children with disabilities have access to early education and primary education, secondary and tertiary binding;
• The number of children with disabilities in early education programs ;
• Significant differences exist in the education of children in different educational levels and whether there are policies and legislation to eliminate these differences,
• The legislative and other measures to ensure and materials that schools are accessible and provide reasonable accommodation to individual and support required by people with disabilities to ensure effective education and full inclusion;
• Availability of training in Braille, sign language, forms of communication augmentative and alternative mobility and other things for children, adults and teachers who require it;
• Measures taken to promote the linguistic identity of the deaf community;
• Measures taken to ensure that education is provided in languages, modes, media and appropriate environments for each uno;
• Las medidas adoptadas para asegurar que los profesionales del sistema educativo estén adecuadamente formados en cuestiones de discapacidad, así como las medidas para incorporar personas con discapacidad en el equipo educativo;
• El número y porcentaje de estudiantes con discapacidad en la enseñanza terciaria;
• El número y porcentaje de estudiantes con discapacidad por género y campos de estudio;
• Ajustes razonables y otras medidas adoptadas para garantizar el acceso a la educación para toda la vida;
• Las medidas adoptadas por el Estado para identificar tempranamente a las personas con discapacidad y determinar sus necesidades educativas.
Artículo Health
25
This article recognizes that people with disabilities are entitled to enjoy the highest attainable standard of health and provides that ensure access for people with disabilities to health services that take into account gender issues, including health-related rehabilitation in the community and for free.
States parties should report on:
• The legislative and other measures that protect against discrimination and guarantee to persons with disabilities equal access to quality health services, including in the field of sexual and reproductive health;
• measures for people with disabilities access to health-related rehabilitation in the community, freely and without charge;
• Health services and programs for early detection and intervention, as appropriate, to prevent and minimize the emergence of new disabilities, attention children, women and the elderly, especially in rural areas;
• The legislative and other measures to ensure that the overall public health campaigns are accessible to persons with disabilities;
• Measures taken to inform physicians and other health professionals on the rights of persons with disabilities, including rural areas;
• The legislative and other measures to ensure free and informed consent of persons with disabilities for the administration of any treatment;
• The legislative and other measures to ensure protection against discrimination in access to health insurance and other types of insurance, when these are required by law;
• Measures taken to ensure that health services do not only exist but are fully accessible
• Measures taken to improve awareness and information in various accessible formats including Braille, for the prevention of HIV / AIDS and malaria.
Article 26 Habilitation and rehabilitation
This article sets out measures for people with disabilities to attain and maintain maximum independence, full physical, mental, social and vocational ability, and full inclusion and participation in all aspects of life, through comprehensive habilitation and rehabilitation in the areas of health, employment, education and social services.
States parties should report on:
• The comprehensive habilitation and rehabilitation for people with disabilities in the areas of health, employment, education and social services, including early intervention, and the availability of these services and programs in rural areas;
• Measures taken to ensure that participation in services and habilitation and rehabilitation programs is voluntary;
• The promotion of initial and continuing professionals and staff working in habilitation and rehabilitation programs;
• Measures taken to promote the availability, knowledge and use of devices and assistive technologies, designed for people with disabilities, habilitation and rehabilitation activities;
• Measures taken to promote international cooperation in the exchange of assistive technologies, particularly third world countries.
Article 27 Work and employment
This article recognizes the right of persons with disabilities to work and earn a living in a labor market and work environment is open, inclusive and accessible, even for people who become disabled in the course of their employment.
States parties should report on:
• The legislative measures to protect against discrimination in all stages of employment and in all types of employment and to recognize the rights of persons with disabilities to work on the basis of equality with others, particularly the right to equal pay for work of equal value;
• The impact of programs and special employment policies aimed at achieving full and productive employment of people with disabilities, in accordance with paragraphs a) to g) of paragraph 1 of article 27;
• The impact of measures to facilitate the reemployment of persons with disabilities who become redundant as a result of privatization, downsizing and downward economic restructuring of public and private, in accordance with paragraph e) of paragraph 1 of Article 27;
• The availability of technical and financial assistance to provide reasonable accommodations, including promoting the creation of cooperatives and to encourage embryonic entrepreneurship;
• affirmative action measures and effective for the employment of persons with disabilities in the regular labor market;
• positive action measures and effective to prevent harassment of people with disabilities in the workplace;
• Access for people with disabilities into open employment and training services, including those that promote self-employment;
• Information on the differences There are significant employment of men and women with disabilities and whether policies and legislation to eliminate in order to promote the advancement of women with disabilities;
• Identifying the most vulnerable groups among people with disabilities (including examples) and identification of policies and legislative measures which are to be included in the labor market;
• Measures taken to promote trade union rights of persons with disabilities;
• Measures to retain and retrain workers, following an injury, left with a disability that prevents them from following their previous jobs;
• Information on the work of people with disabilities in the informal sector of the state's economy hand and measures so that they can get out of that sector, and measures taken to ensure that access to basic services and social protection;
• Existing safeguards to protect disabled workers from unfair dismissal and forced or compulsory labor, in accordance with paragraph 2 of Article 27;
• Measures taken to ensure that people with disabilities who have professional knowledge and technical training will be provided the necessary support to enable them to enter and re-enter the labor market, in accordance with paragraph k) of paragraph 1;
• Measures taken to ensure that students with disabilities have equal access to ordinary labor market;
• Measures taken to ensure the existence of various forms of employment such as physical working, telecommuting (off-site or at home) and contracts, and employment opportunities offered by new communication technologies.
Article 28 Adequate standard of living and social protection
This article recognizes the right of persons with disabilities to an adequate standard of living and social protection.
States parties should report on:
• Measures taken to ensure people with disabilities the availability and access to potable water, adequate food suitable for clothing and housing, giving examples;
• Measures taken to ensure people with disabilities access to services, devices and other appropriate assistance at affordable prices, including the availability of programs to meet the extra costs related to disability;
• Measures to ensure access for people with disabilities, particularly women, children and the elderly, social protection programs and programs for poverty alleviation;
• Measures to provide public housing programs and benefits and retirement programs for people with disabilities;
• Measures adopted to recognize the relationship between poverty and disability.
Article 29 Participation in political and public life
This guarantees the political rights of persons with disabilities.
States parties should report on:
• The legislation and other measures to ensure to persons with disabilities, including persons with mental or intellectual, political rights, including, where appropriate, existing constraints and the measures taken to overcome them
• Measures taken to ensure the right to vote of all persons with disabilities, by themselves or accompanied by a person of their choice;
• Measures taken to ensure full accessibility of the procedures, facilities and materials of the vote;
• Indicators that measure the full enjoyment of the rights of persons with disabilities to participate in political and public life;
• Support for people with disabilities to create and maintain organizations representing their rights and interests at local, regional and national levels.
Article 30 Participation in cultural life, recreation, leisure and sport
This article recognizes the right of persons with disabilities to participate in cultural life develop and utilize their creative, artistic and intellectual, to recognize and support their special linguistic and cultural identity and participate in recreational, leisure and sporting activities on an equal basis with others.
States parties should report on:
• Measures adopted to recognize and promote the right of persons with disabilities to participate on an equal basis with others in cultural life, including opportunities to develop and utilize their creative, artistic and intellectual
• Measures taken to ensure that cultural facilities, leisure, tourism and sports are accessible to people with disabilities, taking into account children with disabilities, including through the conditional use public procurement and public finance;
• Measures taken to ensure that intellectual property laws do not constitute a barrier to access for persons with disabilities cultural materials, including participation in relevant international activities;
• Measures to promote deaf culture;
• Measures to support the participation of people with disabilities in sports, including the elimination of discriminatory and differential treatment of people with disabilities in the awarding of prizes and medals;
• Measures taken to ensure that children with disabilities have equal access with other children to participation in gambling facilities, recreation, leisure and sports, including as part of the school system.
D. Section of the report on the special situation of children,
girls and women with disabilities
Article 6 Women with disabilities
Although gender issues are systematically integrated into the implementation of all items when appropriate, in relation to this particular article should include information on measures taken by the State party to ensure full development, advancement and empowerment of women, in order to guarantee the exercise and enjoyment of fundamental rights and freedoms recognized in the Convention and the elimination of all forms of discrimination.
States Parties shall:
• If the level of legislation and policy, as well as program development, recognizes gender inequality for women and girls with disabilities;
• If girls and women with disabilities enjoy all the rights and fundamental freedoms on an equal footing with boys and men with disabilities;
• If girls and women with disabilities enjoy all human rights and fundamental freedoms on an equal footing with the other girls and women without disabilities.
Article 7 Children with disabilities
The report should include supplementary information as appropriate, on measures taken by the State party to ensure that children with disabilities of all human rights and fundamental freedoms recognized the Convention and, in particular, to ensure that in all actions concerning children with disabilities the best interest of the child are a primary consideration. States Parties should report
about:
• The principles that underpin decision-making in relation to children with disabilities;
• If children with disabilities can express their views freely on all issues affecting them and receive assistance appropriate according to their age and type of disability to exercise this right;
• The relevant differences in the situation of children with disabilities;
• If children with disabilities are considered holders of rights under conditions equivalent to those of other children.
E. Section of the report relating to specific obligations
Article 31 Data collection and statistics
This article governs the process of data collection by the State party.
States parties should report on:
• Measures taken to collect appropriate information on a disaggregated basis, including statistics and research, enabling them to formulate and implement policies to give effect to the Convention respecting human rights and fundamental freedoms, the principles ethical, legal safeguards, data protection, confidentiality and privacy;
• The dissemination of these statistics and measures taken in order to be accessible to persons with disabilities;
• Measures taken to ensure the full participation of persons with disabilities in the process of data collection and research;
Article 32 International cooperation
This article recognizes the importance of international cooperation of the State in support of national efforts realization of the purpose and objectives of the Convention.
States Parties, as donors or recipients of international cooperation, information on:
• Measures taken to ensure that international cooperation is inclusive and accessible to people with disabilities;
• Measures taken to ensure that donor funds are used properly by the recipient countries (including examples, numbers and percentages of project funding for specific purposes that have been successful);
• Programs and projects aimed specifically at people with disabilities and percentage of total budget were assigned;
• affirmative action measures taken to include the most vulnerable groups of people with disabilities, including women, children, etc.;
• The degree of participation of persons with disabilities in the design, development and evaluation of programs and projects;
• The degree to which programs and projects prepared incorporating general measures on persons with disabilities;
• Measures to promote and support capacity-building, including through the exchange and sharing of information, experience, training and best practices;
• If the policies and programs relating to the Millennium Development Goals take into account the rights of persons with disabilities;
• The development, progress and effectiveness of programs for exchange of expertise and experience to assist people with disabilities.
Article 33 National implementation and monitoring
This article governs the application and national monitoring of the Convention.
States parties should report on:
• Measures taken to designate one or more governmental agencies responsible for matters relating to the implementation of the Convention, with due consideration given to the establishment or designation of a coordination mechanism in the government that responsible for making action in this regard in different sectors and different levels
• The establishment of a framework, including one or more independent mechanisms, as appropriate, and measures taken to promote, protect and monitor the implementation of the Convention taking into account the principles relating to status and functioning of national institutions for protection and promotion of human rights;
• Measures taken to ensure that civil society, including people with disabilities and their representative organizations, including those that provide a gender perspective participate in the monitoring process and the preparation of the report;
• The integration of disability issues in the agenda of all government agencies so that different departments are equally informed about the rights of persons with disabilities and to help to promote it;
• The operation of government departments and its programs and functions in relation to persons with disabilities;
• Budget allocations for the purpose of national implementation and monitoring.
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