Article 11 of the Convention affirms that States Parties shall take, in accordance with their obligations under international law, including international humanitarian law and international human rights law , all necessary measures to ensure the protection and safety of persons with disabilities in situations of armed conflict , humanitarian emergencies and the occurrence of natural disaster. Article 12 of the Convention affirms the equal recognition before the law and legal capacity of the persons with disabilities. Article 13 of the Convention affirms the effective access to justice for persons with disabilities, stating that:.
The Convention states that persons with disabilities should be guaranteed the right to inclusive education at all levels, regardless of age, without discrimination and on the basis of equal opportunity. Article 25 specifies that "persons with disabilities have the right to the enjoyment of the highest attainable standard of health without discrimination on the basis of disability. Article 17 of the Convention states that every person with disabilities has a right to respect for his or her physical and mental integrity on an equal basis with others.
Article 23 of the Convention prohibits compulsory sterilization of disabled persons  and guarantees their right to adopt children. Article 26 of the Convention affirms that "States Parties shall take effective and appropriate measures, including through peer support , to enable persons 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.
To that end, States Parties shall organize, strengthen and extend comprehensive habilitation and rehabilitation services and programmes, particularly in the areas of health, employment , education and social services , in such a way that these services and programmes:. The Convention on the Right of Persons with Disabilities recognised that "disability results from the interaction between persons with impairments and attitudinal and environmental barriers that hinders their full and effective participation in society on an equal basis with others" and that "persons with disabilities continue to face barriers in their participation as equal members of society.
This document contains the following information: Optional protocol to the Convention on the rights of persons with disabilities: adopted in New York, 13 December At any time after the receipt of a communication and before a determination on the merits has been reached, the Committee may transmit to the State Party concerned for its urgent consideration a request that the State Party take such interim measures as may be necessary to avoid possible irreparable damage to the victim or victims of the alleged violation. Thank you for your feedback. Article 10 The present Protocol shall be open for signature by signatory States and regional integration organizations of the Convention at United Nations Headquarters in New York as of 30 March It clarifies and qualifies how all categories of rights apply to persons with disabilities and identifies areas where adaptations have to be made for persons with disabilities to effectively exercise their rights and areas where their rights have been violated, and where protection of rights must be reinforced.
The Convention makes participation of people with disability one of its principles, stating "The principles of the present Convention shall be Full and effective participation and inclusion in society", subsequently enshrining the right of people with disability to participate fully and equally in the community, education, all aspects of life in the context of habilitation and rehabilitation , political and public life, cultural life , leisure and sports.
Article 27 requires that States Parties recognize the right of persons with disabilities to work, on an equal basis of others; this includes the right to the opportunity to gain a living by work freely chosen or accepted in a labour market and work environment that is open, inclusive and accessible to persons with disabilities. And that States Parties shall safeguard and promote the realization of the right to work , including for those who acquire a disability during the course of employment, by taking appropriate steps, including through legislation, to inter alia:. States Parties shall ensure that persons with disabilities are not held in slavery or in servitude, and are protected, on an equal basis with others, from forces or compulsory labour.
Article 28 requires that States Parties recognize the right of persons with disabilities to an adequate standard of living for themselves and their families, including adequate food , clothing and housing , and to the continuous improvement of living conditions, and shall take appropriate steps to safeguard and promote the realization of this rights without discrimination on the basis of disability.
States Parties recognize the right of persons with disabilities to social protection and to the enjoyment of that rights without discrimination on the basis of disability, and shall take appropriate steps to safeguard and promote the realization of the rights, including measures;. Article 29 requires that all Contracting States protect "the right of persons with disabilities to vote by secret ballot in elections and public referendums ".
Some democracies, e. In others, among them Azerbaijan, Kosovo, Canada, Ghana, United Kingdom, and most of African and Asian countries, visually impaired voters can use ballots in Braille or paper ballot templates. Many of these and also some other democracies, Chile for example, use adjustable desks so that voters on wheelchairs can approach them.
Some democracies only allow another person to cast a ballot for the blind or disabled voter. Such arrangement, however, does not assure secrecy of the ballot.
Article 29 also requires that Contracting States ensure "that voting procedures, facilities and materials are appropriate, accessible and easy to understand and use. Sweden and the US, all the polling places already are fully accessible for disabled voters. A number of parties have made reservations and interpretative declarations to their application of the Convention.
Australia does not consider itself bound to stop forcibly medicating those labeled mentally ill when it is considered a last resort. El Salvador accepts the Convention to the extent that it is compatible with its constitution. France does not consider the Convention to be legally binding. Japan declares that paragraph 4 of Article 23 of the Convention is interpreted not to apply to a case where a child is separated from his or her parents as a result of deportation in accordance with its immigration law.
Malta interprets the right to health in Article 25 of the Convention as not implying any right to abortion. It also reserves the right to continue to apply its own election laws around accessibility and assistance.
Mauritius does not consider itself bound by the Article 11 obligation to take all necessary measures to protect people with disabilities during natural disasters, armed conflict or humanitarian emergencies, unless permitted by domestic legislation. The Netherlands interprets the right to life in Article 10 within the framework of its domestic laws.
It also interprets Article 25 f , which bars the discriminatory denial of health care, as permitting a person to refuse medical treatment, including food or fluids.
Poland interprets Articles 23 and 25 as not conferring any right to abortion. The United Kingdom has reservations relating to the right to education, immigration, service in the armed forces and an aspect of social security law. The Optional Protocol to the Convention on the Rights of Persons with Disabilities is a side-agreement to the Convention which allows its parties to recognise the competence of the Committee on the Rights of Persons with Disabilities to consider complaints from individuals.
The Optional Protocol entered into force with the Convention on 3 May The Committee on the Rights of Persons with Disabilities is a body of human rights experts tasked with monitoring the implementation of the Convention. It initially consisted of 12 independent human rights experts, with half elected for a two-year term and half elected for four-years.
As the Convention has achieved 80 ratifications, the Committee will be expanded to 18 members. From Wikipedia, the free encyclopedia. New York: United Nations. Retrieved 5 October Retrieved 28 June United Nations.
Retrieved 20 April Washington Post. Archived from the original on 21 September Retrieved 20 September The Guardian. Retrieved 12 August Archived from the original on 13 May Retrieved 25 May It can also ask the State Party to report on measures it has taken to remedy human rights violations that have been committed.
If they have managed to collect enough evidence, and if this evidence is credible, the Committee can decide to launch an inquiry, consisting of checking and collecting information, asking the State Party to submit observations, possibly conducting a mission to the country, and issuing a report with recommendations.
This inquiry is confidential and has to be carried out with full cooperation of the State Party in question. States Parties to the Optional Protocol can opt out of the inquiry procedure, in which case this procedure would not be available to its citizens. Individuals and organisations considering bringing a complaint to the CRPD Committee should check the following:.
Even if your country has not ratified the Optional Protocol to the CRPD, you may be able to bring an individual complaint under another human rights treaty of relevance to people with disabilities:. The following treaties allow for inquiry procedures for grave or systematic human rights violations:. The text of the report can be found here. For more information about the Optional Protocol to the CRPD, and the stages of the individual communications procedure, as well as the advantages of using the Optional Protocol, please consult pages 31 to 37 of the Handbook for Parliamentarians.
You can also contact ENIL for additional information, by writing to secretariat enil. This is a useful overview of the purpose of the optional protocol.
Brief and effective. Thank you! What is an Optional Protocol?