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Contents
- Preliminary Material
- Summary Contents
- Detailed Contents
- Preface
- Editors’ Biographies
- Contributor Biographies
- Abbreviations
- Table of Treaties and International Instruments
- Table of Cases
- Table of Legislation
- Argentina
- Australia
- Austria
- Belgium
- Bulgaria
- Canada
- China
- Colombia
- Cook Islands
- Costa Rica
- Croatia
- Cyprus
- Denmark
- Finland
- France
- Germany
- Greece
- Hungary
- India
- Iran
- Ireland (Republic of Ireland)
- Israel
- Italy
- Japan
- Kenya
- Lithuania
- Former Yugoslav Republic of Macedonia
- Malaysia
- New Zealand
- Norway
- Paraguay
- Peru
- Russia
- Saudi Arabia
- Serbia
- Singapore
- Slovakia
- South Africa
- South Korea
- Spain
- Uganda
- United Arab Emirates (UAE)
- United Kingdom (UK)
- United States (US)
- Uruguay
- European Union Directives
- European Union Regulations
- Main Text
- Preamble
- Preliminary Material
- 1 Introduction
- 2 Background and Travaux Préparatoires
- 2.1 Legal Effect of Preambles under Public International Law
- 2.2 The States Parties to the Present Convention
- 3.1 Paragraph (a)
- 3.2 Paragraph (b)
- 3.3 Paragraph (c)
- 3.4 Paragraph (d)
- 3.5 Paragraph (e)
- 3.6 Paragraph (f)
- 3.7 Paragraph (g)
- 3.8 Paragraph (h)
- 3.9 Paragraph (i)
- 3.10 Paragraph (j)
- 3.11 Paragraph (k)
- 3.12 Paragraph (l)
- 3.13 Paragraph (m)
- 3.14 Paragraph (n)
- 3.15 Paragraph (o)
- 3.16 Paragraph (p)
- 3.17 Paragraph (q)
- 3.18 Paragraph (r)
- 3.19 Paragraph (s)
- 3.20 Paragraph (t)
- 3.21 Paragraph (u)
- 3.22 Paragraph (v)
- 3.23 Paragraph (w)
- 3.24 Paragraph (x)
- 3.25 Paragraph (y)
- Art.1 Purpose
- Art.2 Definitions
- Preliminary Material
- 1 Introduction
- 2 Background and Travaux Préparatoires
- 3 ‘Communication’
- 4 ‘Language’
- 5 ‘Discrimination on the basis of disability’
- 5.1 ‘on the basis of disability’
- 5.2 ‘which has the purpose or effect of impairing or nullifying the recognition, enjoyment or exercise’
- 5.3 ‘on an equal basis with others’
- 5.4 ‘all human rights and fundamental freedoms in the political, economic, social, cultural, civil or any other field’
- 5.5 ‘all forms of discrimination’
- 6 ‘Reasonable accommodation’
- 7 ‘Universal design’
- Art.3 General Principles
- Preliminary Material
- 1 Introduction
- 2 Background and Travaux Préparatoires
- 3 Paragraph (a)
- 4 Paragraph (b)—‘Non-discrimination’
- 5 Paragraph (c)—Full and Effective Participation and Inclusion in Society
- 6 Paragraph (d)—Respect for Difference and Acceptance of Persons with Disabilities as Part of Human Diversity and Humanity
- 7 Paragraph (e)—Equality of Opportunity
- 8 Paragraph (f)—Accessibility
- 9 Paragraph (g)—Equality between Men and Women
- 10 Paragraph (h)—Respect for the Evolving Capacities of Children with Disabilities and Respect for the Right of Children with Disabilities to Preserve their Identities
- Art.4 General Obligations
- Preliminary Material
- 1 Introduction
- 2 Background and Travaux Préparatoires
- 3 Paragraph 1
- 3.1 Ensure and Promote the Full Realization of All Human Rights and Fundamental Freedoms for All Persons with Disabilities
- 3.2 Without Discrimination of Any Kind on the Basis of Disability
- 4.1 Paragraph 1(a)
- 4.2 Paragraph 1(b)
- 4.3 Paragraph 1(c)
- 4.4 Paragraph 1(d)
- 4.5 Paragraph 1(e)
- 4.6 Paragraph 1(f)
- 4.7 Paragraph 1(g)
- 4.8 Paragraph 1(h)
- 4.9 Paragraph 1(i)
- 5 Paragraph 2
- 6 Paragraph 3
- 7 Paragraph 4
- 8 Paragraph 5: All Parts of Federal States
- Art.5 Equality and Non-Discrimination
- Art.6 Women with Disabilities
- Art.7 Children with Disabilities
- Art.8 Awareness-Raising
- Art.9 Accessibility
- Preliminary Material
- 1 Introduction
- 2 Background and Travaux Préparatoires
- 3 Paragraph 9(1)
- 3.1 ‘To enable persons with disabilities to live independently and participate fully in all aspects of life’
- 3.2 ‘Appropriate Measures to Ensure’
- 3.3 ‘Access, on an Equal Basis with Others’
- 3.4 ‘Physical Environment’
- 3.5 ‘Information and Communications, Including Information and Communications Technologies and Systems’
- 3.6 ‘Other Facilities and Services Open or Provided to the Public’
- 3.7 ‘Identification and Elimination of Obstacles and Barriers’
- 3.8 ‘Accessibility’
- 4 Paragraph 9(2)
- Art.10 Right to Life
- Preliminary Material
- 1 Introduction
- 2 Background and Travaux Préparatoires
- 3 Paragraph 1
- 3.1 ‘Inherent right to life’
- 3.2 The Right to Life from the Perspective of Equality and Non-Discrimination
- 3.3 Right to Life and Right to Health of Disabled Persons
- 3.4 Right to Life and Quality of Life
- 3.5 Right to Life and Assisted Suicide
- 3.6 Right to Life Versus Pre-Natal Selection and Disability-Selective Abortion
- 3.7 ‘on an equal basis with others’
- 3.8 Medical Interventions
- 3.9 Killing Newborn with Disabilities
- Art.11 Situations of Risk and Humanitarian Emergencies
- Preliminary Material
- 1 Introduction
- 2 Background and Travaux Préparatoires
- 3 Persons with Disabilities in Situations of Risk
- 4 ‘obligations under international law’
- 5 ‘take all necessary measures’ to Ensure the Protection and Safety of Persons with Disabilities
- 6 ‘situations of armed conflict, humanitarian emergencies’
- 7 Persons at Risk
- Art.12 CRPD Equal Recognition before the Law
- Preliminary Material
- 1 Introduction
- 2 Background and Travaux Préparatoires
- 3 Paragraph 1
- 4 Paragraph 2
- 5 Paragraph 3
- 6 Paragraph 4
- 6.1 Respect for the Rights, Will, and Preferences of the Person
- 6.2 Conflicts of Interest and Undue Influence
- 6.3 Regular Review by a Competent, Independent, and Impartial Authority or Judicial Body
- 6.4 The Safeguards Shall Be Proportional to the Degree to which Such Measures Affect the Person’s Rights and Interests
- 7 Paragraph 5
- Art.13 Access to Justice
- Art.14 Liberty and Security of the Person
- Art.15 Protection against Torture and Cruel or Inhuman or Degrading Treatment or Punishment
- Preliminary Material
- 1 Introduction
- 2 Background and Travaux Préparatoires
- 3 Paragraph 1
- 4 Paragraph 2
- 4.1 Effective Preventive Measures
- 4.1.1 Psychiatric Drugs Given without Consent
- 4.1.2 Sterilization and Other Reproductive Rights Violations
- 4.1.3 Female Genital Mutilation
- 4.1.4 Surgical Castration
- 4.1.5 Electro Convulsive Therapy (ECT), Unmodified ECT, and Use of ECT on Children
- 4.1.6 Seclusion, Caged Beds, and Other Restraints
- 4.1.7 Oppressive and Coercive Treatment Regimes
- 4.1.8 Failure to Give Adequate Medical Treatment or Pain Relief
- 4.1.9 Conditions of Detention
- 4.1 Effective Preventive Measures
- Art.16 Freedom from Exploitation, Violence, and Abuse
- Art.17 Protecting the Integrity of the Person
- Art.18 Liberty of Movement and Nationality
- Preliminary Material
- 1 Introduction
- 2 Background and Travaux Préparatoires
- 3 Paragraph 1
- 4 Paragraph 2
- Art.19 Living Independently and Being Included in the Community
- Preliminary Material
- 1 Introduction
- 2 Background and Travaux Préparatoires
- 3 Article 19: Chapeau
- 3.1 Measures Appropriate and Effective
- 3.2 De-Institutionalization
- 3.3 The Conjunction of Article 19 with Other CRPD Provisions
- 3.4 The Israeli Panel of Experts Paradigm
- Q1: What are the various residential options for people with intellectual disability (ID) in other relevant countries? And, how does Israel stand in comparison to these countries? In other words, what is the appropriate standard for residential facilities?
- Q2: Should Israel regulate the location of residences (zoning) for people with ID?
- Q3: What should be the services provided to families in the community?
- Q4: What should the State of Israel do with large residences (institutions) for people with ID?
- Q5: How may Israel be ten years from now?
- 4 Paragraph (a)
- 5 Paragraph (b)
- 6 Paragraph (c)
- Art.20 Personal Mobility
- Art.21 Freedom of Expression and Opinion, and Access to Information
- Art.22 Respect for Privacy
- Preliminary Material
- 1 Introduction and Background
- 2 Travaux Préparatoires
- 3 Paragraph 1
- 3.1 No Person with Disabilities
- 3.2 Regardless of Place of Residence or Living Arrangement
- 3.3 Arbitrary or Unlawful Interference
- 3.4 Unlawful
- 3.5 Arbitrary
- 3.6 Purpose
- 3.7 Public and Private Action
- 3.8 Privacy, Family, Home, Correspondence, and Communication
- 3.9 Privacy
- 3.10 Family
- 3.11 Home
- 3.12 Correspondence and Communication
- 3.13 Unlawful Attacks on Honour and Reputation of Persons with Disabilities
- 3.14 Right to Protection of Law Against Interference
- 4 Paragraph 2
- Art.23 Respect for Home and the Family
- Art.24 Education
- Preliminary Material
- 1 Introduction and Background
- 2 Travaux Préparatoires
- 3 Paragraph 1 (Chapeau): The Right of Persons with Disabilities to Education
- 4 Paragraph 2
- 5 Paragraph 3
- 6 Paragraph 4
- 7 Paragraph 5: Tertiary Education and Life-Long Learning
- Art.25 Health
- Art.26 Habilitation and Rehabilitation
- Art.27 Work and Employment
- Preliminary Material
- 1 Introduction
- 2 Background
- 3 Travaux Préparatoires
- 4 Paragraph 1: Chapeau
- 5 Paragraph 2
- Art.28 Adequate Standard of Living and Social Protection
- Preliminary Material
- 1 Introduction
- 2 Background and Travaux Préparatoires
- 3 Paragraph 1
- 4 Paragraph 2
- 5 a. To ensure equal access by persons with disabilities to clean water …
- 6 b. To ensure access … in particular women and girls with disabilities and older persons with disabilities, to social protection programmes …
- 7 c. To ensure access … to assistance from the State with disability-related expenses, including adequate training …
- 8 d. To ensure access by persons with disabilities to public housing programmes
- 9 e. To ensure equal access by persons with disabilities to retirement benefits and programmes
- Art.29 Participation in Political and Public Life
- Art.30 Participation in Cultural Life, Recreation, Leisure, and Sport
- Preliminary Material
- 1 General Introduction
- 2 Background
- 3 Travaux Préparatoires
- 4 Paragraph 1
- 5 Paragraph 2
- 6 Paragraph 3
- 7 Paragraph 4
- 8 Paragraph 5
- Art.31 Statistics and Data Collection
- Art.32 International Cooperation
- Art.33 National Implementation and Monitoring
- Preliminary Material
- 1 Introduction
- 2 Background and Interpretative Approach
- 3 Travaux Préparatoires
- 4 Paragraph 1
- 5 Paragraph 2
- 5.1 ‘the principles relating to the status and functioning of national institutions for protection and promotion of human rights’
- 5.2 ‘shall take into account’
- 5.3 ‘maintain, strengthen, designate or establish within the State Party, a framework’
- 5.4 Independence
- 5.5 Persons with Disabilities as Framework Agents
- 5.6 Monitoring
- 5.7 Fact-Finding and Indicators
- 5.8 Adequately Resourced
- 5.9 The Potential Role of National Human Rights Institutions
- 5.10 Cooperation between the Framework and the CRPD Committee
- 6 Paragraph 3
- 6.1 Scope
- 6.2 Views of the CRPD Committee
- 6.3 ‘in the monitoring process’
- 6.4 ‘civil society’
- 6.5 ‘in particular persons with disabilities and their representative organizations’
- 6.6 Participation in the Monitoring Framework: Institutional Solutions
- 6.7 Implementation by the European Union (Sentences 1–3)
- Art.34 Committee on the Rights of Persons with Disabilities
- Art.35 Reports by States Parties
- Preliminary Material
- 1 Introduction
- 2 Background and Travaux Préparatoires
- 3 Paragraph 1
- 4 Paragraph 2: The Requirement of a Country Report Every Four Years after the Initial Report
- 5 Paragraph 3
- 6 Paragraph 4
- 7 Paragraph 5: ‘Indicate factors and difficulties affecting the degree of fulfilment of obligations under the present Convention by States Parties’
- Art.36 Consideration of Reports
- Preliminary Material
- 1 Introduction
- 2 Background and Travaux Préparatoires
- 3 Paragraph 1
- 3.1 ‘Each report shall be considered by the Committee’
- 3.2 ‘which shall make such suggestions and general recommendations on the report as it may consider appropriate’
- 3.3 ‘shall forward these to the State Party concerned’
- 3.4 ‘The State Party may respond with any information it chooses to the Committee’
- 4 Paragraph (2)
- 5 Paragraph (3)
- 6 Paragraph (4)
- 7 Paragraph (5)
- Art.37 Cooperation between States Parties and the Committee
- Preliminary Material
- 1 Introduction
- 2 Background, Context, and Travaux Préparatoires
- 3 Paragraph 1
- 4 Paragraph 2
- 4.1 ‘The Committee shall give due consideration to … enhancing national capacities’
- 4.2 Ways and Means
- 4.3 Enhancing National Capacities for Implementation
- 4.4 Including through International Cooperation
- 4.5 Implications in Relation to Reporting
- 4.6 Implications for the Communication Process
- 4.7 Implications for the Inquiry Process and the ‘early awareness and urgent action procedures’
- Art.38 Relationship of the Committee with Other Bodies
- Art.39 Report of the Committee
- Preliminary Material
- 1 Introduction
- 2 Background and Travaux Préparatoires
- 3 Paragraph 1
- 3.1 Reporting Requirement
- 3.2 Suggestions and General Recommendations
- 3.3 Formulation of CRPD General Comments
- 3.4.1 General Comment No 1 (2014) on Equal Recognition before the Law
- 3.4.2 General Comment No 2 (2014) on Accessibility
- 3.4.3 General Comment No 3 (2016) on Women and Girls with Disabilities
- 3.4.4 General Comment No 4 (2016) on the Right to an Inclusive Education
- 3.4.5 General Comment No 5 on the Right to Live Independently and Be Included in the Community
- 3.5 The Inquiry Procedure
- Art.40 Conference of States Parties
- Art.41 The Secretary-General of the United Nations Shall Be the Depositary of the Present Convention
- Art.42 Signature
- Art.43 Consent to Be Bound
- Art.44 Regional Integration Organizations
- Art.45 Entry Into Force
- Art.46 Reservations
- Art.47 Amendments
- Art.48 Denunciation
- Art.49 Accessible Format
- Art.50 Authentic Texts
- Optional Protocol to the Convention on the Rights of Persons with Disabilities
- Preliminary Material
- 1 Introduction
- 2 Background and Travaux Préparatoires
- 3 Article 1
- 4 Article 2
- 4.1 ‘Anonymous’
- 4.2 ‘Abuse of the Right of Submission of Such Communications or Incompatibility with the Provisions of the Convention’
- 4.3 ‘The Same Matter Has Already Been Examined by the Committee or Has Been or Is Being Examined under Another Procedure of International Investigation or Settlement’
- 4.4 ‘All Available Domestic Remedies Have Not Been Exhausted. This Shall Not Be the Rule Where the Application of the Remedies is Unreasonably Prolonged or Unlikely to Bring Effective Relief’
- 4.5 ‘It Is Manifestly Ill-Founded or Not Sufficiently Substantiated’
- 4.6 ‘The Facts that Are the Subject of the Communication Occurred Prior to the Entry into Force of the Present Protocol for the State Party Concerned Unless those Facts Continued After that Date’
- 5 Article 3
- 6 Article 4
- 7 Article 5
- 8 Articles 6 and 7
- 9 Article 8
- Preamble
- Further Material
