March 4, 1998

DRAFT INTER-AMERICAN CONVENTION ON THE ELIMINATION OF ALL FORMS OF DISCRIMINATION AGAINST PERSONS WITH DISABILITIES [AGREED]

THE STATES PARTIES TO THIS CONVENTION, [AGREED]

REAFFIRMING that persons with disabilities have all human rights and fundamental freedoms; and that these rights, which include freedom from discrimination based on disability, flow from the inherent dignity and equality of each person; [AGREED]

CONSIDERING that the Charter of the Organization of American States, in Article 3.j, establishes the principle that "social justice and social security are bases of lasting peace"; [AGREED]

CONCERNED by the discrimination to which people are subject based on their disability [AGREED]

BEARING IN MIND the Agreement on the Occupational Rehabilitation and Employment of Disabled Persons of the International Labour Organization (Convention 159); the Declaration of the Rights of Mentally Retarded Persons (AG/29/2856, 1971); The United Nations Declaration on the Rights of the Handicapped (resolution No. 3447 of December 9, 1975); the United Nations World Action Program for Persons with Disabilities (resolution 37/52 of December 3, 1982); the Additional Protocol to the American Convention on Human Rights in the area of Economic, Social, and Cultural Rights, "Protocol of San Salvador" (1988); the Principles for the Protection of Persons with Mental Illness and for Improvement of Mental Health Care (AG/46/119, 1991); the Declaration of Caracas of the Pan American Health Organization; the resolutions on the Situation of Persons with Disabilities in the American Hemisphere [AG/RES. 1249 (XXIII-O/93)]; the Standard Rules on the Equalization of Opportunities for Persons with Disabilities (AG/48/96, 1993); the Declaration of Managua (1993); and the World Conference on Human Rights in Vienna in 1993; the Panama Commitment to Persons with Disabilities [AG/RES. 1369 (XXVI-0/96)]. [AGREED]

COMMITTED to eliminate discrimination, in all its forms and manifestations, against persons with disabilities; [AGREED]

HAVE AGREED as follows: [AGREED]

ARTICLE I

For purposes of this Convention, the following terms are defined: [AGREED]

1. Disability

The term "disability" means a [substantial] restriction or absence, relating to an impairment, whether permanent or temporary in nature, of the ability to perform one or more [essential] activities of daily living, which may be caused or aggravated [by the social environment] [by social and economic conditions].

2. Discrimination for reasons of disability

[A distinction or differentiation or preference adopted by the state so as to promote the integration into society or the personal development of persons with any type of disability, and the nonexistence of special facilities adapted to the circumstances of persons with disabilities in states that are not in a position to provide such facilities immediately, shall not constitute discrimination, provided that those states are effectively committed to ongoing improvement of the quality of life of persons with disabilities.]

[a. For the purposes of this Convention, the term "discrimination against persons with disabilities" means:

i. any distinction, exclusion, or restriction based on a disability, a record of disability, the consequences of a previous disability, or the perception of a disability, whether present or past, which has the effect or purpose of impairing or nullifying the recognition, enjoyment, or exercise by persons with disabilities, of all human rights and fundamental freedoms enjoyed by persons without disabilities. including, but not limited to any of the following actions (or failures to act):

ii. the exclusion or segregation of a person, or the offer of inferior services, programs, activities, or other opportunities, based on their disability.

iii. The creation or imposition of new architectural, transportation, or communications barriers that prevent or limit the access or participation of persons with disabilities, or the failure to take reasonable measures to eliminate existing barriers, when such measures are not unduly burdensome, may constitute discrimination against persons with disabilities.

iv. The failure to make reasonable adjustments, modifications, or adaptations, when they are not unduly burdensome, in order for a disabled person to be able to participate under equal conditions in a service, program, activity, job, or other opportunity, constitutes discrimination against persons with disabilities.

v. The application of a standard or criterion that [screens out] [excludes] persons with disabilities, unless its use is absolutely necessary for the realization of essential components of a program, activity, job, or opportunity, or participation in them.

b. For the purposes of (a) above, "reasonable"and "unduly burdensome" means with due consideration to the relative means of each member state or private entity.]

c. A distinction or preference for the promotion of the integration into society or the personal development of persons with disabilities shall not constitute discrimination provided that the distinction or preference does not itself limit the right to equality of persons with disabilities.]

3. [DELETED]

ARTICLE II

The purpose of this Convention is to prevent and eliminate all forms of discrimination against persons with disabilities in order to promote their full integration into society. [AGREED]

ARTICLE III

To achieve the objectives of this Convention, the states parties undertake: [AGREED]

1. To adopt the legislative, social, educational, labor-related, or any other measures needed to eliminate discrimination against persons with disabilities, including measures to eliminate discrimination in the services, programs, and activities of the state and in public employment, transportation, communications, housing, recreation, and other public and private services.

[1. To take the legislative, social, educational, labor-related, and other measures needed to eliminate discrimination against persons with disabilities, including, but not limited to:

a. Measures to eliminate discrimination in the services, programs, and activities provided by government authorities, such as public employment, education, transportation, housing, recreation, communication systems, law enforcement, and public administrative activities;

b. Measures to eliminate discrimination by private entities in providing or making available goods, services, facilities, and activities to persons with disabilities, including the employment of persons with disabilities;

c. Measures to ensure that newly constructed buildings, vehicles, and facilities within their respective territories do not contain architectural, transportation, or communications barriers and reasonable measures to eliminate existing architectural, transportation, and communications barriers;] and

d. Measures to ensure that all public officials and other personnel responsible for enforcing the provisions of this Convention and any other domestic laws and regulations arising out of the implementation of this Convention are fully trained to enforce such laws in order to eliminate discrimination against persons with disabilities.]

[1. States Parties condemn discrimination against persons with disabilities and undertake to pursue a policy of preventing and eliminating discrimination against persons with disabilities and, to this end, undertake to take all appropriate measures:

a. To eliminate prejudices, stereotypes and other attitudes which are inconsistent with the right of persons with disabilities to equality;

b. To prohibit, by legislative and other measures (including sanctions) as appropriate, all discrimination against persons with disabilities;

c. To prevent and eliminate discrimination against persons with disabilities in employment by public authorities and institutions;

d. To prevent and eliminate discrimination against persons with disabilities in the laws, services, programs and activities of the state, including the training and education of public officials;

e. To prevent and eliminate discriminatory barriers and obstacles for persons with disabilities to the accessibility of transportation, communication, housing and other services;

f. To avoid discrimination against persons with disabilities in education and training; and

g. To eliminate discrimination against persons with disabilities in the political and public life of the country.]

2. To cooperate among themselves to help prevent and eliminate discrimination against persons with disabilities. [AGREED]

3. To ensure that the process of selection and training of all public officials or contractors charged with applying regulations under domestic law includes the necessary education on ways to eliminate discrimination against the persons with disabilities provided for in this convention.

[To see to it that all public officials and other personnel responsible for enforcing the provisions of this Convention and any other domestic laws and regulations arising out of the implementation of this Convention are fully trained to enforce such laws in order to eliminate discrimination against persons with disabilities.]

4 DELETED [AGREED]

[ 5. To work on a priority basis in the following areas:

a. Prevention of all preventable disabilities;

b. Rehabilitation, early intervention, education, and development of any person with a disability;

c. Public awareness campaigns and other measures to bring about cultural change by which persons with disabilities will be accepted; [will be first on the list]

d. Full participation by persons with disabilities with a view to achieving equality of opportunity;

e. Full [inclusion] integration of persons with disabilities into the process of aptitude assessment and skills development for their subsequent entry into the labor market.

f. Reduction and elimination of the negative effects or consequences of disability in present-day society, thereby allowing the full integration of persons with disabilities.]

ARTICLE IV

The states parties shall adopt social, economic, and cultural measures to ensure the full integration of persons with disabilities into society, in such a way as to guarantee, on the basis of equality, the full enjoyment of their human rights and fundamental freedoms. For the purposes of this undertaking, consideration should be given to the status of socioeconomic development in each country.

ARTICLE V

[The states parties shall ensure participation by representatives of national organizations of, or for, persons with disabilities or, if such organizations do not exist, representatives of persons with disabilities, in the planning, implementation, and evaluation of policies relating to the aims of this Convention. Should such organizations not exist, the states parties shall encourage their establishment.]

[The states parties, insofar as possible, should consider and facilitate participation by associations of persons with disabilities, or nongovernmental organizations working in this area, in the planning of policies related to the aims of this convention.]

[In the planning of policies relating to the purpose of this Convention, the states parties, to the extent possible, shall include representatives of organizations of persons with disabilities or, if such organizations do not exist, representatives of persons with disabilities.]

ARTICLE VI

[The states parties shall seek to implement measures to reduce and, in due course, eliminate all barriers within their territories, including those related to attitudes, legal matters, education, architecture, transportation, and communication, so as to allow persons with disabilities to fully exercise their human rights.]

ARTICLE VII

The states parties shall develop compatible standards and regulations, including those relating to transportation and personal safety, in implementing the undertakings contained in this Convention. [AGREED]

ARTICLE VIII

[1. The states parties undertake to submit a report on the legislative, judicial, administrative, social, educational and other measures they have adopted in application of this Convention and on any progress they have achieved in eliminating all forms of discrimination for reasons of disability.

2. The reports shall be submitted to the Secretary General of the Organization of American States, who shall forward them to the Commission for examination within one year of the entry into force of the Convention with respect to the states parties; thereafter, the reports shall be presented every four years.

The reports prepared under this article shall indicate any circumstances or difficulties affecting the degree of fulfillment of the obligations arising from this Convention. They shall also contain sufficient information to enable the Commission to have a full understanding of the application of the Convention in the country in question. The reports must be prepared in accordance with international rules and declarations concerning the rights of persons with disabilities.

3. The Secretary General of the Organization of American States shall also transmit to the specialized organizations of the inter-American system of which the states parties to this Convention are members copies of the reports submitted, or of the pertinent parts of those reports, to the extent that they bear upon matters within the competence of those organizations in accordance with their founding instruments.

The Inter-American Commission on Human Rights shall report on its activities each year to the General Assembly through the Secretary General and shall submit comments, suggestions, or recommendations based on an examination of the reports and data submitted by the states parties as well as any other important information. These recommendations shall be conveyed to the General Assembly along with any observations from the states parties.]

ARTICLE IX

The states parties shall implement this Convention, taking into account their degree of development and in keeping with their internal laws, so as to achieve progressively the full execution of the commitments assumed therein.

ARTICLE X

This Convention shall be applied and interpreted in the light of instruments pertaining to the rights of persons with disabilities, as well as other relevant international instruments.

ARTICLE XI

This Convention shall be open to signature by the member states of the Organization of American States.

ARTICLE XII

This Convention is subject to ratification. The instruments of ratification shall be deposited with the General Secretariat of the Organization of American States.

ARTICLE XIII

This Convention shall be open to accession by any other state. The instruments of accession shall be deposited with the General Secretariat of the Organization of American States.

ARTICLE XIV

The states may enter reservations to this Convention when approving, signing, ratifying, or acceding to it, provided that such reservations are not incompatible with the aim and purpose of the Convention and relate to one or more specific provisions thereof.

ARTICLE XV

This Convention shall enter into force for the ratifying states on the 30th day following deposit of the second instrument of ratification.

For each state that ratifies or accedes to the Convention after the second instrument of ratification has been deposited, the Convention shall enter into force on the 30th day following deposit by that state of its instrument of ratification or accession.

ARTICLE XVI

This Convention shall remain in force indefinitely, but any state party may denounce it. The instrument of denunciation shall be deposited with the General Secretariat of the Organization of American States. The Convention shall cease to have force and effect for the denouncing state one year after the date of deposit of the instrument of denunciation, and shall remain in force for the other states parties. Such denunciation shall not exempt the state party from the obligations imposed upon it under this Convention in respect of any action or omission prior to the date on which the denunciation takes effect.

ARTICLE XVII

The original instrument of this Convention, whose texts in English, French, Portuguese, and Spanish are equally valid, shall be deposited with the General Secretariat of the Organization of American States, which shall send a certified copy thereof to the United Nations Secretariat for registration and publication pursuant to Article 102 of the United Nations Charter. The General Secretariat of the Organization of American States shall notify the member states of that Organization and the states that have acceded to the Convention of the signatures, deposits of instruments of ratification, accession, and denunciation, and any reservations entered.