ANNEXES
Convention on the Rights of Persons with Disabilities
(Plain-Language Version)
PREAMBLE
The countries that agree to this document recognize:
a. The founding documents of the UN say that we are all equal, and we are all members of the human family. This is important for freedom, justice, and peace in the world,
b. We are all equal, and all of us have the same human rights,
c. All human beings everywhere in the world have all human rights. These rights cannot be divided. Persons with disabilities must enjoy all human rights and fundamental freedoms, and they must not be discriminated against,
d. There are seven other international agreements that promote and protect human rights,
e. Disability is something that changes all the time. It is the environment and people’s attitudes that create disability,
f. It is important to keep in mind what the Standard Rules and the World Programme of Action concerning Disabled Persons are trying to achieve when trying to make laws, rules, decisions, programmes, and practice better for persons with disabilities,
g. It is very important to make sure that the situation of persons with disabilities is always equally taken into consideration when governments and international organizations make plans about a country’s growth (for example, about how to get people out of poverty or get them jobs),
h. When someone discriminates against persons with disabilities, he or she takes away their dignity and value as human beings,
i. There are many differences among persons with disabilities,
j. All persons with disabilities must have their rights, including persons with disabilities who need extra support,
k. The rights of persons with disabilities are still being taken away, even though there are agreements that protect their rights,
l. It is important that countries work with one another to make life better for persons with disabilities, especially in poor countries,
m. If persons with disabilities are fully included and enjoy their rights, they help make their countries better,
n. It is very important that persons with disabilities are free to make their own decisions,
o. Persons with disabilities should be included in the making of policies and programmes, especially those that are directly related to them,
p. Persons with disabilities are not only discriminated against because of their disabilities, but also for many other reasons, including their race and sex.
q. Women and girls with disabilities are more often abused, beaten, injured, or taken advantage of,
r. Children with disabilities have the same rights as all other children, and that the international agreement on children’s rights also applies to them,
s. It is important for a country to consider the situations of both women and men in everything it does for the human rights of persons with disabilities,
t. It is also very important to remember that most persons with disabilities are poor, and it is necessary to find out how their poverty affects them,
u. We must have peace and security to make sure persons with disabilities can have their rights, especially when they live in war zones or in countries that are not run by their own government,
v. It is very important for persons with disabilities to be able to enjoy all areas of life, to have good health care, to go to school, and to have the information they need so that they can use their rights,
w. Every person has the duty to make sure everyone else enjoys his or her rights,
x. The family is the main group in a society, and persons with disabilities and their families should get the protection and help they need to be able to work for their human rights,
y. An Agreement that covers all areas of life will be very helpful in making lives of persons with disabilities better and in making sure that persons with disabilities are treated equally and equally included in all areas of life, and in poor and richer countries.
Because of all the things listed here, the countries that decide to be part of this Agreement agree to the following:
ARTICLE 1: PURPOSE
This Agreement is made is to make sure that
· the human rights and freedoms of all persons with disabilities are enjoyed, promoted, and protected;
· respect for the dignity of persons with disabilities is promoted.
Persons with disabilities include those who have long-term impairments (for example, physical, psychosocial, intellectual) and who are not included in society for different reasons (for example, because of barriers like attitudes, language, physical barriers, laws).
ARTICLE 2: DEFINITIONS
“Communication” means all the ways that people can communicate (for example, spoken language, sign language, text, Braille, touch, large print, written, audio, plain language, human reader).
“Language” means all kinds of languages (for example, spoken, signed, and types of language that are not spoken).
“Discrimination on the basis of disability” means a person may be excluded, shut out, or prevented from doing things because of their disability. This discrimination can be in all areas of life.
“Reasonable Accommodation” means that a person may need to have changes made so they are able to enjoy their rights (for example, changes where they live or work). If some changes are too expensive or too difficult, then they may not have to be made.
“Universal Design” means that things are made, programmes created, and places designed so that they can be used by all people. Sometimes someone with a particular type of disability may need something specially made so they can enjoy their rights.
ARTICLE 3: GENERAL PRINCIPLES
This Agreement is based on these principles:
- Dignity
- Ability to choose
- Independence
- Non-discrimination
- Participation
- Full inclusion
- Respect for difference
- Acceptance of persons with disabilities as part of humanity
- Equality of opportunity
- Accessibility
- Equality of men and women
- Respect for children.
ARTICLE 4: GENERAL OBLIGATIONS
1. The countries that agree to this Agreement promise to make sure that all human rights apply to all people, without discrimination because of disability. To fulfil this promise, they will:
a. Make new laws, policies, and practices in their country that are like those in this Agreement;
b. Change or get rid of old rules, laws, and customs that discriminate against persons with disabilities;
c. Make sure that the human rights of persons with disabilities are included in all policies and programmes;
d. Not do anything that goes against this Agreement, and make sure others respect the Agreement;
e. Take action to stop individuals, organizations, or businesses from discriminating because of disability;
f. Work on developing and making available affordable goods, services, equipment, and facilities that persons with disabilities all over the world can use;
g. Work on developing affordable new technologies in all aspects of life that are useful for persons with disabilities;
h. Provide information about all types of assistance, including technologies, in a way that all persons with disabilities can understand;
i. Promote trainings about the rights in this Agreement for those who work with persons with disabilities.
2. Put into practice laws and rules that relate to economic, social, and cultural rights as much as they can with resources they have. If need be, they can cooperate with other countries to put these rights into practice. All other rights must be put into practice right away.
3. When making laws and rules about this Agreement, the countries will talk to and involve persons with disabilities, including children with disabilities, through the organizations that represent them.
4. Not let this Agreement change any laws or rules that are better for the rights of persons with disabilities. Countries must not use the Agreement as an excuse to not put into practice human rights that already exist.
5. Apply this Agreement to the country as a whole.
ARTICLE 5: EQUALITY AND NON-DISCRIMINATION
1. All persons with disabilities are equal before the law and protected by the law without any discrimination.
2. Discrimination because of a disability will not be allowed and persons with disabilities will be protected from such discrimination.
3. If a person with a disability needs changes made to his or her environment in order to enjoy his or her rights, then those changes will be made.
4. If persons with disabilities need special actions in order to become equal to others, this type of treatment is not unfair to others.
ARTICLE 6: WOMEN WITH DISABILITIES
1. Women and girls with disabilities face many kinds of discrimination. Countries will make sure girls and women enjoy full and equal human rights and freedoms.
2. Countries will take action to support the growth and empowerment of women with disabilities so that they can use and enjoy their rights.
ARTICLE 7: CHILDREN WITH DISABILITIES
1. Children with disabilities have the same rights as other children.
2. Anything concerning children with disabilities must be done for the good of the child.
3. Children with disabilities have the right to give their opinions and have their opinions listened to. Children with disabilities should get the help they need to give their opinions.
ARTICLE 8: AWARENESS-RAISING
1. The countries will:
a. Help families and all people in society be more aware of the issues facing persons with disabilities. They will work to make sure that the rights and dignity of persons with disabilities are respected;
b. Fight against stereotypes and prejudices about persons with disabilities; (Stereotypes are general and incorrect beliefs that some people have about other people. These beliefs are often damaging and lead to discrimination.)
c. Help everyone be aware of what persons with disabilities can do and how they can help the country grow.2. The countries will also:
a. Make everyone aware of the rights of persons with disabilities:
i. Show that persons with disabilities have the same rights as everyone else;
ii. Highlight disability in the community and change misunderstandings about dis- ability;
iii. Show the skills of persons with disabilities and how they can be put to use.
b. Make sure that schools teach respect for the rights of persons with disabilities;
c. Encourage media (for example, radio, television, newspapers and magazines) to show images of persons with disabilities that promote the rights of persons with disabilities;
d. Promote training programmes to make people aware of the rights of persons with disabilities.
ARTICLE 9: ACCESSIBILITY
1. The countries will get rid of barriers that persons with disabilities face. This way persons with disabilities can live independently and fully live their lives.
The countries will get rid of barriers in;a. Buildings, roads, transportation and indoor and outdoor objects (for example, in schools, housing, hospitals, health centres, and workplaces);
b. Information, communications, and other services (for example, electronic services and emergency services).2. The countries will also;
a. Set standards for accessibility of public places and services;
b. Make sure that private businesses and organizations open to the public are accessible;
c. Train people about what persons with disabilities need when it comes to accessibility;
d. Have Braille signs and easy to read and understand information in public buildings;
e. Provide help so persons with disabilities can access buildings open to the public (for example, readers, sign language interpreters, and guides);
f. Provide other types of help persons with disabilities need to get access to information;
g. Promote to new technologies for persons with disabilities;
h. Promote new technologies that improve access to information and communications for persons with disabilities.
ARTICLE 10: RIGHT TO LIFE
All persons with disabilities have the right to life. The countries will act to make sure persons with disabilities can use this right.
ARTICLE 11: SITUATIONS OF RISK AND HUMANITARIAN EMERGENCIES
The countries will make sure that persons with disabilities are protected in times of war, natural disasters, or other emergencies.
ARTICLE 12: EQUAL RECOGNITION AS A PERSON BEFORE THE LAW
1, Persons with disabilities have the right to be recognized as people before the law.
2. Persons with disabilities are capable like all other people on legal issues in all areas of their lives.
3. Persons with disabilities have a right to get support if they need it to make decisions about legal issues.
4. When persons with disabilities need support on legal or financial issues:
a. They will be protected from abuse;
b. Their rights and their choices will be respected;
c. People who give support will not pressure persons with disabilities into making a decision;
d. They get the help they need, only for the time they need it and only as much as they need;
e. The courts will review the support received.
5. The countries will make sure that persons with disabilities:
a. Have the right to own or get property;
b. Have the right to control their money or other financial affairs;
c. Have the same opportunities as other people to get bank loans, mortgages and credit;
d. Cannot have property taken away without a reason.
ARTICLE 13: ACCESS TO JUSTICE
1. The countries will make sure that persons with disabilities can access the justice system in their countries just like all other people. Any rules about how things should be done should be adapted so that persons with disabilities can be involved in all stages of legal processes, (for example, being a witness).
2. People working in the justice system (for example, police and prison staff) should have training in how to improve access for persons with disabilities.
ARTICLE 14: LIBERTY AND SECURITY
1. The countries will:
a. Make sure that persons with disabilities have the same right to liberty and security as all other people;
b. Make sure that this right is not taken away from persons with disabilities because they have a disability or in any illegal way.
2. The countries will make sure that if a person has had his or her liberty taken, he or she will be protected by law. They will also make sure that changes are made to the individual’s environment if they are needed for that person to enjoy his or her human rights.
ARTICLE 15: FREEDOM FROM TORTURE OR CRUEL, INHUMAN OR DEGRADING TREATMENT OR PUNISHMENT
1. Nobody will be tortured, or be treated or punished in a cruel, inhuman or degrading way. Nobody will be forced to take part in medical or scientific experiments.
2. The countries agree to pass laws, and take other action to make sure that persons with disabilities are protected from torture just like all other people.
ARTICLE 16: FREEDOM FROM EXPLOITATION, VIOLENCE AND ABUSE
The countries will:
1. Pass laws and take other action to make sure persons with disabilities are not exploited or abused, both inside and outside their home.
2. Take action to prevent abuse of persons with disabilities by giving help and appropriate information to persons with disabilities and their families.
3. Make sure that places and programmes serving persons with disabilities are regularly looked at to make sure there is no violence or abuse.
4. Support persons with disabilities with their recovery and reintegration into society if they have been victims of violence and abuse.
5. Create laws and policies to investigate and punish people who abuse or mistreat persons with disabilities. These laws and policies will include the needs of women and children.
ARTICLE 17: PROTECTING INTEGRITY
Persons with disabilities have the same right as everyone else to have their physical and mental selves respected.
ARTICLE 18: FREEDOM OF MOVEMENT AND NATIONALITY
1. Persons with disabilities have the same rights as others to move around in their country or between countries, to choose where they live, and to have a nationality. The countries will make sure that persons with disabilities:
a. Have the right to get and to change their nationality. Nobody can take away their nationality without a reason or because of a disability;
b. Cannot have their passports or other identification of nationality taken away without a reason or because of a disability, and that they are allowed to try to move to another country;
c. Are free to leave their own country and any other country;
d. Cannot be stopped from entering their own country without a reason or because of a disability.
2. Children with disabilities will be registered immediately after they are born. They will have the right to a name, to a nationality, and as much as possible the right to know their parents and be raised by their own parents.
ARTICLE 19: LIVING INDEPENDENTLY AND BEING INCLUDED IN THE COMMUNITY
All persons with disabilities have the same right as anyone else to live in the community, to be fully included and to participate in the community.
The countries will make sure that persons with disabilities:
a. Have the same opportunities as other people to choose whom they live with and where they live. They should not be forced to live in institutions or in other living arrangements that they do not like;
b. Have a range of choices on where and how to live in the community, including personal assistance to help with inclusion in the community and prevent them from being isolated;
c. Can use community services that are available to the public, which may need to be adapted to a particular person’s needs.
ARTICLE 20: PERSONAL MOBILITY
The countries will make sure that persons with disabilities can move around with the greatest possible independence, including:
a. Assisting people to move around in the way at the time they choose, and at a cost that they can afford;
b. Assisting persons with disabilities to access mobility aids and technology, including making sure they do not cost a lot;
c. Providing training in mobility skills for persons with disabilities and staff working with them;
d. Encouraging those that produce mobility aids and technology to take into account all aspects of movement.
ARTICLE 21: FREEDOM OF EXPRESSION AND OPINION AND ACCESS TO INFORMATION
The countries will make sure that persons with disabilities have the right to say what they think through Braille, sign language, or any other types of communication that they choose.
The countries will make sure that persons with disabilities have the same right as other people to give and receive information, including:
a. Providing information intended for the general public to persons with disabilities in formats that are adequate for them without extra cost (for example, Braille);
b. Accepting the use of different ways persons with disabilities communicate in official situations;
c. Encouraging private businesses and organizations that serve the public to make their services more accessible for persons with disabilities;
d. Encouraging the media to make their information accessible to persons with disabilities;
e. Agreeing to, and promoting the use of, sign language.
ARTICLE 22: RESPECT FOR PRIVACY
1. No matter where persons with disabilities live, no one can interfere in their private life, enter their home, open their mail, bother their family, or harm their good name without a good reason. Persons with disabilities have the right to be protected by the law from such attacks.
2. Information about persons with disabilities, their health, and rehabilitation is private and protected.
ARTICLE 23: RESPECT FOR HOME AND THE FAMILY
1. The countries will stop discrimination against persons with disabilities when it comes to marriage and family relations and make sure that:
a. Persons with disabilities have the same right as other people to marry and have a family;
b. Persons with disabilities have the same rights as other people to have children and to decide how many children to have and when to have them.
c. They should get information on reproduction and family planning and help to understand this information;
d. Persons with disabilities have the same right as everyone else to keep their fertility.2. Persons with disabilities have the rights and responsibilities related to caring for or adopting children, with the most important concern being what is best for the child. The countries will give persons with disabilities any help they need to raise their children.
3. Children with disabilities have the same rights as everyone else to a family life. To prevent abuse, the countries will provide information, services, and support to children with disabilities and their families.
4. Children must not be taken away from their parents against their will, unless it is best for them and is done legally. A child cannot be separated from parents because of the parent’s or the child’s disability.
5. If close family members cannot care for a child with a disability, the countries will look for another relative or someone in the local community to care for the child.
ARTICLE 24: EDUCATION
1. All persons with disabilities have the right to education. The countries will make sure that the entire education system includes persons with disabilities, and that the educational system works to:
a. Develop everyone’s human potential, sense of dignity, and self worth, as well as respect for human rights, freedoms, and diversity;
b. Develop the personality and talents of persons with disabilities to their fullest potential;
c. Make it possible for persons with disabilities to be involved in society.
2. To do this, the countries will make sure that:
a. Persons with disabilities are not kept out of education because of their disability, and children with disabilities are not kept out of free and required primary or from secondary education because of their disability;
b. All persons with disabilities can choose education that includes them, is accessible and is in their own community;
c. Reasonable changes are made to make sure that persons with disabilities get the most out of their education;
d. Persons with disabilities get the help they need to get the most out of their education;
e. The individual needs of students with disabilities are met.
3. The countries will make it possible for persons with disabilities to learn social and life skills they need to go to schools and be in the community. They will do this by:
a. Arranging that students learn skills for communication (for example, Braille) and movement, and that they get support from other persons with disabilities of their own age;
b. Teaching sign language;
c. Making sure that especially children who are blind, deaf or deafblind are educated in the most appropriate types of communication so that they get the most out of their education.
4. To help make sure that these rights are put into practice, the countries will hire teachers who are persons with disabilities, teachers who are qualified in Braille and sign languages, and will train teachers and staff at all levels of education on how to give quality education to persons with disabilities.
5. Countries will make sure that persons with disabilities have equal access to vocational training, to universities and to lifelong learning like all other people, and will make any changes needed to make that happen.
ARTICLE 25: HEALTH
All persons with disabilities have the same right to quality health care, without discrimination because of their disability.
The countries will make sure that health and rehabilitation services are available, including:
a. Making sure that persons with disabilities get the same variety, quality, and standard of free and affordable health care as other people;
b. Making sure that persons with disabilities can get services they need because of their disability and to protect them from further disability;
c. Having health services in people’s own communities;
d. Making sure through training and standards that health workers give the same quality care to persons with disabilities as to others, including getting their agreement;
e. Stopping discrimination against persons with disabilities about health insurance and life insurance;
f. Making sure that persons with disabilities will not be discriminated against and denied health care or health services, or food and fluids, because of their disability.
ARTICLE 26: HABILITATION AND REHABILITATIOIN
1. The countries will take action (for example, by promoting peer support) to make it possible for persons with disabilities to enjoy maximum independence, their full abilities, and inclusion in all aspects of life. To make sure this happens, the countries will make available services that cover all areas of life, both in habilitation and rehabilitation, so that they:
a. Begin as early as possible, and are suited to a person’s strengths and needs;
b. Help persons with disabilities be involved in the community and are voluntary and available as close as possible to their communities. (Note:
c. Habilitation is a process that helps people who are born with a disability or acquire a disability at an early age get new skills, abilities, and knowledge.
d. Rehabilitation refers to the process of re-gaining lost skills or abilities).
2. The countries will promote training for people working in habilitation and rehabilitation services.
3. The countries will promote the use of assistive devices and other types of aid as they relate to habilitation and rehabilitation.
ARTICLE 27: WORK AND EMPLOYMENT
1. Persons with disabilities have the same right to work as other people. They have the right to earn a living from work they choose in a work environment that is open and accessible to all people. The countries will pass laws and take other action needed to:
a. Stop discrimination because of disability in all work situations, including trying to get jobs, getting hired, keeping a job, being promoted and working in safe and healthy conditions;
b. Protect the rights of persons with disabilities to equal pay for equal work, equal opportunity, safe and healthy working conditions, and the ability to make complaints;
c. Make sure that persons with disabilities can organize and join labour unions and trade unions like everyone else;
d. Make it possible for persons with disabilities to get career counselling and job trainings;
e. Promote job opportunities and promotions and help persons with disabilities to find and keep jobs;
f. Promote self-employment, business opportunities, cooperatives, and start-up businesses;
g. Hire persons with disabilities in the government;
h. Encourage and help employers to hire persons with disabilities;
i. Make it easy for persons with disabilities to be in the work place and work environment by making sure reasonable adjustments are made for them;
j. Make sure that persons with disabilities can gain work experience in the labour market;
k. Promote programmes to support persons with disabilities to return to work and keep their jobs.
2. The countries will make sure that persons with disabilities are not made slaves. They will protect persons with disabilities from forced labour as all other people are protected.
ARTICLE 28: ADEQUATE STANDARD OF LIVING AND SOCIAL PROTECTION
1. Persons with disabilities have the right to a good standard of living for themselves and their families. This includes enough food, clothing, housing, and continued improvement of their living conditions.
2. Persons with disabilities have the right to social protection by the government, without discrimination because of disability. The countries will protect this right, including by making sure that:
a. Persons with disabilities can get the services, equipment, and help they need;
b. Persons with disabilities have access to financial assistance and programmes that help them get out of poverty. This especially applies to women and girls and older persons with disabilities;
c. Persons with disabilities and their families who live in poverty get help from the government to be able to pay for expenses related to their disability;
d. Persons with disabilities have access to government housing programmes;
e. Persons with disabilities can get pensions.
ARTICLE 29: PARTICIPATION IN POLITICAL AND PUBLIC LIFE
Persons with disabilities have the same political rights as all other people. The countries will:
a. Make sure that persons with disabilities can be fully involved in political and public life, for example by having the right to vote and be elected. To do this they should make sure:
i. That voting is easy to understand and accessible;
ii. That persons with disabilities can vote in secret and be elected and hold office;
iii. That persons with disabilities can get help in voting from someone of their choice.b. Encourage persons with disabilities to be involved in the government and public affairs, including:
i. Being involved in non-governmental organizations and associations focused on the activities of political parties and civil society;
ii. Making and belonging to organizations to represent persons with disabilities internationally, nationally, regionally and locally.
ARTICLE 30: PARTICIPATION IN CULTURAL LIFE RECREATION, LEISURE AND SPORT
1. Persons with disabilities have the right to take part in cultural life. The countries will take action to make sure that:
a. Persons with disabilities have access to literature and the arts in formats they can use;
b. Persons with disabilities can get television programmes, film, theatre and other cultural activities in a way that they will understand, for example with captioning and sign language;
c. Persons with disabilities can access cultural performances and services such as libraries, museums, theatres and important places.
2. The countries will make it possible for persons with disabilities to develop and use their creative, artistic, and intellectual talents.
3. The countries will make sure that laws that protect documents and other writings and inventions from forgery or copying do not discriminate against persons with disabilities.
4. Persons with disabilities have the right, just like everyone else, to have their culture and language recognized, for example sign languages and deaf culture.
5. Persons with disabilities have the same right as others to take part in recreation, leisure and sports. The countries will take action to:
a. Promote and encourage persons with disabilities to take part in sports with people without disabilities at all levels;
b. Make sure that persons with disabilities have a chance to organize and participate in sport activities, and to receive the same training and support as other people;
c. Make sure that persons with disabilities can get to sports and recreation arenas as other people can;
d. Make sure that children with disabilities can participate in play and sports at school like other children;
e. Make sure that persons with disabilities can get services to help organize recreational and sporting activities.
ARTICLE 31: STATISTICS AND DATA COLLECTION
1. The countries will collect and look at information about persons with disabilities to put into practice this Agreement. In collecting and using this information they will:
a. Respect people’s right to privacy. The information should be given only if people agree;
b. Respect human rights and ethics.
2. The information collected will be put in useful groups so that the countries can learn more about barriers that exist for persons with disabilities and understand better how to put this Agreement into practice.
3. The countries are responsible for giving out this information and making sure that persons with disabilities can read and understand it.
ARTICLE 32 – 50: DUTIES OF GOVERNMENTS
These articles explain how people and governments should work together to make sure all persons with disabilities get all their rights.
The main ideas are:
- The countries should work together to put this Agreement into practice.
- Persons with disabilities and their organizations must be included in this work.
- A UN Committee on the Rights of Persons with Disabilities will be created to make sure the countries keep their promises to this Agreement.
- The countries will write regular reports for the Committee telling how they’re putting this Agreement into practice.
- The Committee will report regularly to the UN General Assembly and other groups and make suggestions on how this Agreement is being respected.The countries that sign this agreement have the responsibility to put it into practice. However, they can decide not to accept certain parts that they disagree with.
- This agreement should be made available in ways that persons with disabilities can read or understand it.
