Advanced Search

Law Approving The Following International Acts:-Convention On The Rights Of Persons With Disabilities, - Optional Protocol To The Convention On The Rights Of Persons With Disabilities, Adopted In New York On 13 December 200

Original Language Title: Loi portant assentiment aux Actes internationaux suivants : -Convention relative aux droits des personnes handicapées, -Protocole facultatif se rapportant à la Convention relative aux droits des personnes handicapées, adoptés à New York le 13 décembre 200

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.
belgiquelex.be - Carrefour Bank of Legislation

13 MAI 2009. - An Act to Enact the following International Acts: - Convention on the Rights of Persons with Disabilities, - Optional Protocol to the Convention on the Rights of Persons with Disabilities, adopted in New York on 13 December 2006 (1) (2)



ALBERT II, King of the Belgians,
To all, present and to come, Hi.
The Chambers adopted and We sanction the following:
Article 1er. This Act regulates a matter referred to in Article 77 of the Constitution.
Art. 2. The Convention on the Rights of Persons with Disabilities, adopted in New York on 13 December 2006, will be fully effective.
Art. 3. The Optional Protocol to the Convention on the Rights of Persons with Disabilities, adopted in New York on 13 December 2006, will be fully effective.
Promulgation of this law, let us order that it be clothed with the seal of the State and published by the Belgian Monitor.
Given in Brussels on 13 May 2009.
ALBERT
By the King:
Minister of Foreign Affairs,
K. DE GUCHT
Minister of Social Affairs and Public Health,
Ms. L. ONKELINX
Minister of Justice,
S. DE CLERCK
Minister of Employment and Equal Opportunities,
Ms. J. MILQUET
Minister of Social Integration and Pensions,
Ms. M. ARENA
Minister of Development Cooperation,
Ch. MICHEL
The Secretary of State for Mobility,
E. SCHOUPPE
The Secretary of State for Persons with Disabilities,
Ms. J. FERNANDEZ-FERNANDEZ
The Secretary of State for the Fight against Poverty,
J.-M. DELIZEE
Seal of the state seal:
Minister of Justice,
S. DE CLERCK
Notes
(1) 2008-2009 session.
Senate:
Documents. - Bill tabled on 16 December 2008, No. 4-1069/1. - Amendments, No. 4-1069/2. - Report, number 4-1069/3. - Text adopted by the commission, No. 4-1069/4.
Annales parliamentarians. - Discussion, meeting of January 22, 2009. - Vote, meeting of 22 January 2009.
House of Representatives:
Documents. - Project transmitted by the Senate, No. 52-1752/1. - Text adopted in plenary meeting and submitted to the Royal War, No. 52-1752/2.
Annales parliamentarians. - Discussion, meeting of February 19, 2009. - Vote, meeting of 19 February 2009.
(2) See Decree of the Flemish Community of 8 May 2009 (Moniteur belge du X;), Decree of the French Community of 26 March 2009 (Moniteur belge of 27 May 2009 ), Decree of the German-speaking Community of 11 May 2009 (Moniteur belge of 9 July 2009 ), Decree of the Walloon Region of 30 April 2009 (Moniteur belge of 28 May 2009), Decree of the Walloon Region of 30 April 2009 (

Convention on the Rights of Persons with Disabilities
Preamble
States Parties to this Convention,
(a) Recalling the principles proclaimed in the Charter of the United Nations that recognition of the inherent dignity and value of all members of the human family and their equal and inalienable rights constitutes the foundation of freedom, justice and peace in the world;
(b) Acknowledging that the United Nations, in the Universal Declaration of Human Rights and in the International Covenants on Human Rights, have proclaimed and agreed that everyone can avail himself of all the rights and freedoms set forth therein, without distinction of any kind;
(c) Reaffirming the universal, indivisible, interdependent and indivisible character of all human rights and fundamental freedoms and the need to guarantee their full enjoyment to persons with disabilities without discrimination;
(d) Recalling the International Covenant on Economic, Social and Cultural Rights, the International Covenant on Civil and Political Rights, the International Convention on the Elimination of All Forms of Racial Discrimination, the Convention on the Elimination of All Forms of Discrimination against Women, the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, the Convention on the Rights of the Child and the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families;
(e) Recognizing that the concept of disability is evolving and that disability is the result of the interaction between persons with disabilities and behavioural and environmental barriers that impede their full and effective participation in society on the basis of equality with others;
(f) Recognizing the importance of the principles and guidelines contained in the World Programme of Action concerning Persons with Disabilities and the Standard Rules for the Equalization of Opportunities for Persons with Disabilities and their influence on the promotion, development and evaluation at the national, regional and international levels of policies, plans, programmes and measures for the further equalization of opportunities for persons with disabilities;
(g) Stressing the importance of integrating the condition of persons with disabilities into relevant sustainable development strategies;
(h) Recognizing also that any discrimination based on disability is a denial of the inherent dignity and value of the human person;
(i) Recognizing further the diversity of persons with disabilities;
(j) Recognizing the need to promote and protect the human rights of all persons with disabilities, including those requiring further support;
(k) Concerned that, despite various instruments and commitments, persons with disabilities continue to face obstacles to their participation in society as equal members of society and to be subject to human rights violations in all parts of the world;
(l) Recognizing the importance of international cooperation to improve the living conditions of persons with disabilities in all countries, particularly in developing countries;
(m) Appreciating the useful current and potential contributions of persons with disabilities to the general well-being and diversity of their communities, and recognizing that the promotion of the full enjoyment of human rights and fundamental freedoms by persons with disabilities and their full participation will enhance their sense of belonging and will significantly advance the human, social and economic development of their societies and the eradication of poverty;
(n) Recognizing the importance for persons with disabilities of their individual autonomy and independence, including the freedom to make their own choices;
(o) Recognizing that persons with disabilities should have the opportunity to participate actively in policy and programme decision-making processes, in particular those directly affecting them;
(p) Concerned about the difficulties faced by persons with disabilities, who are exposed to multiple or aggravated forms of discrimination based on race, colour, sex, language, religion, political opinion or any other opinion, national, ethnic, indigenous or social origin, wealth, birth, age or other status;
(q) Acknowledging that women and girls with disabilities often face higher risks of violence, physical integrity, abuse, neglect or lack of care, abuse or exploitation in their families and abroad;
(r) Recognizing that children with disabilities must fully enjoy all human rights and fundamental freedoms, on the basis of equality with other children, and recalling the obligations of States Parties to the Convention on the Rights of the Child to that end;
(s) Emphasizing the need to integrate the principle of gender equality in all efforts to promote the full enjoyment of human rights and fundamental freedoms by persons with disabilities;
(t) Emphasizing the fact that the majority of persons with disabilities live in poverty and recognizing in this regard the utmost importance of addressing the pernicious effects of poverty on persons with disabilities;
(u) Aware that genuine protection of persons with disabilities entails conditions of peace and security based on full adherence to the purposes and principles of the Charter of the United Nations and respect for applicable human rights instruments, in particular in the event of armed conflict or foreign occupation;
(v) Recognizing the importance of full access to physical, social, economic and cultural facilities, health and education, as well as information and communication to the full enjoyment of all human rights and fundamental freedoms;
(w) Aware that the individual, given his or her obligations to other individuals and the society to which he or she belongs, is obliged to do its utmost to promote and respect the rights recognized in the International Charter of Human Rights;
(x) Convinced that the family is the natural and fundamental element of society and is entitled to the protection of society and the State and that persons with disabilities and members of their families should receive the necessary protection and assistance so that families can contribute to the full and equal enjoyment of their rights by persons with disabilities;
(y) Convinced that a comprehensive and integrated international convention for the promotion and protection of the rights and dignity of persons with disabilities will contribute significantly to addressing the profound social disadvantage faced by persons with disabilities and will promote their participation, on the basis of equal opportunities, in all areas of civil, political, economic, social and cultural life in both developed and developing countries,
The following agreed:
Article 1er
Subject
The purpose of this Convention is to promote, protect and ensure the full and equal enjoyment of all human rights and fundamental freedoms by persons with disabilities and to promote respect for their inherent dignity.
Persons with disabilities are defined as persons with lasting physical, mental, intellectual or sensory disabilities whose interaction with various barriers can hinder their full and effective participation in society on the basis of equality with others.
Article 2
Definitions
For the purposes of this Convention:
"communication", among other things, languages, text display, braille, tactile communication, large characters, accessible media, as well as improved and alternative modes, means and forms of communication based on written media, audio, simplified language and human reader, including accessible information and communication technologies;
The language means, inter alia, the languages spoken and the languages of the signs and other forms of language not spoken;
"Discrimination on the basis of disability" means any distinction, exclusion or restriction on the basis of disability that has the purpose or effect of impairing or negating recognition, enjoyment or exercise, on the basis of equality with others, of all human rights and fundamental freedoms in the political, economic, social, cultural, civil or other fields. Discrimination on the basis of disability includes all forms of discrimination, including denial of reasonable accommodation;
"reasonable accommodation" means the necessary and appropriate modifications and adjustments that do not have a disproportionate or undue burden, depending on the needs in a given situation, to ensure that persons with disabilities enjoy or exercise, on the basis of equality with others, all human rights and fundamental freedoms;
"Universal design" means the design of products, equipment, programs and services that can be used by all, to the extent possible, without requiring adaptation or special design. The "universal design" does not exclude functional devices and accessories for specific categories of persons with disabilities where they are needed.
Article 3
General principles
The principles of this Convention are:
(a) Respect for intrinsic dignity, individual autonomy, including freedom to make their own choices, and the independence of individuals;
(b) Non-discrimination;
(c) Full and effective participation and integration in society;
(d) Respect for the difference and acceptance of persons with disabilities as part of human diversity and humanity;
(e) Equal opportunities;
(f) Accessibility;
(g) Equality between men and women;
(h) Respect for the development of the capacities of children with disabilities and respect for the right of children with disabilities to preserve their identity.
Article 4
General obligations
1. States Parties undertake to guarantee and promote the full enjoyment of all human rights and fundamental freedoms of all persons with disabilities without discrimination of any kind based on disability. To this end, they undertake to:
(a) Adopt any appropriate legislative, administrative or other measures to implement the rights recognized in this Convention;
(b) Take all appropriate measures, including legislative measures, to amend, repeal or abolish laws, regulations, customs and practices that discriminate against persons with disabilities;
(c) Take into account the protection and promotion of the human rights of persons with disabilities in all policies and programmes;
(d) To refrain from any act and practice incompatible with this Convention and to ensure that public authorities and institutions act in accordance with this Convention;
(e) Take all appropriate measures to eliminate discrimination based on disability by any person, organization or private enterprise;
(f) Undertake or encourage the research and development of universal design goods, services, equipment and facilities, as defined in Article 2 of this Convention, which should require the minimum possible accommodation and costs to meet the specific needs of persons with disabilities, encourage the supply and use of such goods, services, equipment and facilities and encourage the incorporation of universal design in the development of standards and guidelines;
(g) Undertake or encourage research and development and encourage the provision and use of new technologies, including information and communication technologies, mobility aids, devices and accessories and assistance technologies, that are suitable for persons with disabilities, by focusing on affordable technologies;
(h) Provide accessible information to persons with disabilities regarding mobility aids, devices and accessories and assistance technologies, including new technologies, as well as other forms of assistance, support services and equipment;
(i) Encourage training in the rights recognized in this Convention of professionals and staff working with persons with disabilities in order to improve the delivery of the rights guaranteed by these rights.
2. In the case of economic, social and cultural rights, each State Party undertakes to act, to the maximum of the resources available to it and, where appropriate, within the framework of international cooperation, in order to ensure progressively the full enjoyment of these rights, without prejudice to the obligations set out in this Convention which are of immediate application under international law.
3. In the development and implementation of the laws and policies adopted for the purposes of this Convention, as well as in the adoption of any decision on matters relating to persons with disabilities, States Parties shall consult closely and actively involve such persons, including children with disabilities, through the organizations representing them.
4. None of the provisions of this Convention shall affect the provisions more favourable to the exercise of the rights of persons with disabilities that may be included in the legislation of a State Party or in the international law in force for that State. No restrictions or exemptions may be permitted to human rights and fundamental freedoms recognized or in force in a State Party to this Convention under laws, conventions, regulations or customs, on the pretext that this Convention does not recognize these rights and freedoms or recognizes them to a lesser extent.
5. The provisions of this Convention shall apply, without limitation or exception, to all constituent units of the Federative States.
Article 5
Equality and non-discrimination
1. States Parties recognize that all persons are equal before and under the law and are entitled without discrimination to equal protection and equal benefit of the law.
2. States Parties shall prohibit all discrimination on the basis of disability and shall ensure that persons with disabilities have equal and effective legal protection against discrimination, regardless of the basis.
3. In order to promote equality and eliminate discrimination, States Parties shall take all appropriate measures to ensure that reasonable accommodation is provided.
4. The specific measures necessary to accelerate or ensure de facto equality of persons with disabilities are not discrimination within the meaning of this Convention.
Article 6
Women with disabilities
1. States Parties recognize that women and girls with disabilities are exposed to multiple discrimination, and take the necessary measures to enable them to fully and equally enjoy all human rights and fundamental freedoms.
2. States Parties shall take all appropriate measures to ensure the full development, promotion and empowerment of women in order to guarantee the exercise and enjoyment of human rights and fundamental freedoms set forth in this Convention.
Article 7
Children with disabilities
1. States Parties shall take all necessary measures to guarantee to children with disabilities the full enjoyment of all human rights and fundamental freedoms on the basis of equality with other children.
2. In all decisions concerning children with disabilities, the best interests of the child must be a paramount consideration.
3. States Parties shall guarantee to the disabled child, on the basis of equality with other children, the right to express his or her views freely on any matter affecting him or her, with the views of the child being duly taken into account in the light of his or her age and maturity, and to obtain for the exercise of that right an assistance adapted to his or her disability and age.
Article 8
Awareness-raising
1. States Parties undertake to take immediate, effective and appropriate measures to:
(a) Raising awareness among all society, including at the family level, of the situation of persons with disabilities and promoting respect for the rights and dignity of persons with disabilities;
(b) Combating stereotypes, prejudices and dangerous practices concerning persons with disabilities, including those related to sex and age, in all areas;
(c) Improving awareness of the capacities and contributions of persons with disabilities.
2. As part of the measures they take to that end, the States Parties:
(a) Launch and conduct effective public awareness campaigns to:
(i) Promote a receptive attitude towards the rights of persons with disabilities;
(ii) Promote a positive perception of persons with disabilities and a greater social awareness of them;
(iii) Promote recognition of the skills, merits and abilities of persons with disabilities and their contributions to their workplaces and the labour market;
(b) Encourage at all levels of the education system, especially among all children at their earliest age, an attitude of respect for the rights of persons with disabilities;
(c) Encourage all media to show persons with disabilities in one day in accordance with the purpose of this Convention;
(d) Encourage the organization of awareness-raising programmes for persons with disabilities and the rights of persons with disabilities.
Article 9
Accessibility
1. In order to allow persons with disabilities to live independently and to participate fully in all aspects of life, States Parties shall take appropriate measures to ensure, on the basis of equality with others, access to the physical environment, transport, information and communication, including information and communication systems and technologies, and other equipment and services that are open or provided to the public, both in urban and rural areas. These measures, including the identification and removal of barriers and barriers to accessibility, apply, inter alia:
(a) To buildings, roads, transport and other interior and exterior equipment, including schools, housing, medical facilities and workplaces;
(b) Information, communication and other services, including electronic services and emergency services.
2. States Parties shall also take appropriate measures to:
(a) Develop and promulgate minimum national standards and accessibility guidelines for open or publicly provided facilities and services and monitor the application of these standards and guidelines;
(b) Ensure that private organizations that offer facilities or services that are open or provided to the public take into account all aspects of accessibility by persons with disabilities;
(c) Provide training to stakeholders on access issues faced by persons with disabilities;
(d) Establish in buildings and other facilities open to the public signs in Braille and in easy-to-read and understand forms;
(e) Provide forms of human or animal assistance and mediator services, including guides, readers and professional sign language interpreters, to facilitate access to buildings and other facilities open to the public;
(f) Promote other appropriate forms of assistance and support for persons with disabilities to ensure access to information;
(g) Promote access to new information and communication systems and technologies, including the Internet;
(h) Promote the study, development, production and dissemination of information and communication systems and technologies at an early stage to ensure accessibility at a minimum cost.
Article 10
Right to life
States Parties reaffirm that the right to life is inherent to the human person and shall take all necessary measures to ensure that persons with disabilities have the effective enjoyment, on the basis of equality with others.
Article 11
Risk and humanitarian emergencies
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 risk, including armed conflict, humanitarian crises and natural disasters.
Article 12
Recognition of legal personality under conditions of equality
1. States Parties reiterate that persons with disabilities are entitled to recognition at all places of their legal personality.
2. States Parties recognize that persons with disabilities enjoy legal capacity in all areas, on the basis of equality with others.
3. States Parties shall take appropriate measures to provide persons with disabilities with access to the assistance they may need to exercise their legal capacity.
4. States Parties shall ensure that measures relating to the exercise of legal capacity are provided with appropriate and effective safeguards to prevent abuse, in accordance with international human rights law. These guarantees must ensure that measures relating to the exercise of legal capacity respect the rights, will and preferences of the person concerned, are free from any conflict of interest and do not result in any abuse of influence, proportionate and appropriate to the situation of the person concerned, apply for the shortest period of time and are subject to periodic review by a competent, independent and impartial body or a judicial body. These guarantees must also be proportionate to the degree to which measures to facilitate the exercise of legal capacity affect the rights and interests of the person concerned.
5. Subject to the provisions of this Article, States Parties shall take all appropriate and effective measures to guarantee the right of persons with disabilities, on the basis of equality with others, to own or inherit property, to control their finances and to have access to the same conditions as other persons to bank loans, mortgages and other forms of financial credit; They ensure that persons with disabilities are not arbitrarily deprived of their property.
Article 13
Access to justice
1. States Parties shall ensure the effective access of persons with disabilities to justice, on the basis of equality with others, including through procedural arrangements and age-based arrangements, in order to facilitate their effective, direct or indirect participation, including as witnesses, in all judicial proceedings, including in the investigative stage and in other preliminary stages.
2. In order to assist in ensuring the effective access of persons with disabilities to justice, States Parties shall promote appropriate training of personnel involved in the administration of justice, including police and prison personnel.
Article 14
Liberty and security of the person
1. States Parties shall ensure that persons with disabilities, on the basis of equality with others:
(a) Play the right to liberty and security of their person;
(b) Do not be deprived of their liberty unlawfully or arbitrarily; They also ensure that any deprivation of liberty is in accordance with the law and that in no case the existence of a disability justifies deprivation of liberty.
2. States Parties shall ensure that persons with disabilities, if they are deprived of their liberty at the end of any procedure, are entitled, on the basis of equality with others, to the safeguards provided for in international human rights law and shall be treated in accordance with the purposes and principles of this Convention, including by the benefit of reasonable accommodation.
Article 15
Right not to be subjected to torture or to cruel, inhuman or degrading treatment or punishment
1. No one shall be subjected to torture, cruel, inhuman or degrading treatment or punishment. In particular, it is prohibited to submit a person without his or her free consent to a medical or scientific experience.
2. States Parties shall take all effective legislative, administrative, judicial and other measures to prevent, on the basis of equality with others, persons with disabilities from being subjected to torture or to cruel, inhuman or degrading treatment or punishment.
Article 16
Right not to be subjected to exploitation, violence and abuse
1. States Parties shall take all appropriate legislative, administrative, social, educational and other measures to protect persons with disabilities, both at home and outside, from all forms of exploitation, violence and abuse, including their gender-based aspects.
2. States Parties shall also take all appropriate measures to prevent all forms of exploitation, violence and abuse by, inter alia, providing persons with disabilities, their families and their caregivers with appropriate forms of assistance and support appropriate to sex and age, including by providing them with information and educational services on how to avoid, recognize and denounce cases of exploitation, violence and abuse. States Parties shall ensure that protection services take into account the age, sex and disability of the persons concerned.
3. In order to prevent all forms of exploitation, violence and abuse, States Parties shall ensure that all institutions and programmes for persons with disabilities are effectively controlled by independent authorities.
4. States Parties shall take all appropriate measures to facilitate the physical, cognitive and psychological recovery, rehabilitation and social reintegration of persons with disabilities who have been victims of exploitation, violence or abuse in all their forms, including by providing them with protection services. Recovery and reintegration occur in an environment that promotes the health, well-being, self-esteem, dignity and autonomy of the person and takes into account the needs specifically related to sex and age.
5. States Parties shall put in place effective legislation and policies, including legislation and policies focusing on women and children, which ensure that cases of exploitation, violence and abuse of persons with disabilities are tracked, investigated and, where appropriate, prosecuted.
Article 17
Protection of the integrity of the person
All persons with disabilities are entitled to respect their physical and mental integrity on the basis of equality with others.
Article 18
Freedom of movement and nationality
1. States Parties shall recognize persons with disabilities, on the basis of equality with others, the right to freedom of movement, the right to freely choose their residence and the right to a nationality, and shall ensure, inter alia, that persons with disabilities:
(a) Ais the right to acquire nationality and to change nationality and not be deprived of their nationality arbitrarily or because of their disability;
(b) Do not be deprived, because of their disability, of the ability to obtain, possess and use titles attesting to their nationality or other identity documents or to use the relevant procedures, such as immigration procedures, which may be necessary to facilitate the exercise of the right to freedom of movement;
(c) Have the right to leave any country, including theirs;
(d) Do not be deprived, arbitrarily or because of their disability, of the right to enter their own country.
2. Children with disabilities are registered immediately after their birth and have the right to a name, the right to acquire a nationality and, to the extent possible, the right to know their parents and to be raised by them.
Article 19
Autonomy of life and inclusion in society
States Parties to this Convention shall recognize to all persons with disabilities the right to live in society, with the same freedom of choice as other persons, and shall take effective and appropriate measures to facilitate the full enjoyment of this right and their full integration and participation in society, including by:
(a) Persons with disabilities have the opportunity to choose, on the basis of equality with others, their place of residence and where and with whom they will live and that they are not obliged to live in a particular environment;
(b) Persons with disabilities have access to a range of home or in-house services and other social support services, including the personal assistance necessary to enable them to live in and integrate into society and to prevent them from being isolated or victims of segregation;
(c) Social services and facilities for the general population are available to persons with disabilities on the basis of equality with others and are tailored to their needs.
Rule 20
Personal mobility
States Parties shall take effective measures to ensure the personal mobility of persons with disabilities in the utmost autonomy possible, including by:
(a) Facilitating the personal mobility of persons with disabilities in the manner and when they choose, and at an affordable cost;
(b) Facilitating the access of persons with disabilities to mobility aids, devices and accessories, assistance technologies, forms of human or animal assistance and quality mediators, including ensuring that their cost is affordable;
(c) Dispensing persons with disabilities and specialized personnel who work with them on training in mobility techniques;
(d) Encourage organizations that produce mobility aids, devices and accessories and assistance technologies to take into account all aspects of mobility of persons with disabilities.
Article 21
Freedom of expression and opinion and access to information
States Parties shall take all appropriate measures to ensure that persons with disabilities may exercise the right to freedom of expression and opinion, including the freedom to request, receive and communicate information and ideas, on the basis of equality with others and by using all means of communication of their choice within the meaning of Article 2 of this Convention. To that end, States Parties shall:
(a) Communicate information for the general public to persons with disabilities, without delay and without additional costs, in accessible forms and by means of technologies adapted to different types of disability;
(b) Accept and facilitate the use by persons with disabilities, for their official approaches, sign language, braille, improved and alternative communication and all other accessible means, modes and forms of communication of their choice;
(c) Urge private organizations that provide services to the public, including through the Internet, to provide information and services in accessible and accessible forms to persons with disabilities;
(d) Encourage the media, including those who communicate their information through the Internet, to make their services accessible to persons with disabilities;
(e) Recognize and promote the use of sign languages.
Article 22
Respect for privacy
1. No person with a disability, regardless of their place of residence or living environment, will be subjected to arbitrary or unlawful interference in their privacy, family, home or correspondence or other forms of communication or unlawful attacks on their honour and reputation. Persons with disabilities are entitled to the protection of the law against such interference or abuses.
2. States Parties shall protect the confidentiality of personal information and information relating to the health and rehabilitation of persons with disabilities, on the basis of equality with others.
Article 23
Respect for home and family
1. States Parties shall take effective and appropriate measures to eliminate discrimination against persons with disabilities in all matters relating to marriage, family, parental and personal relations, on the basis of equality with others, and shall ensure that:
(a) Recognized to all persons with disabilities, from the nubile age, the right to marry and found a family based on the free and full consent of future spouses;
(b) Recognize the right of persons with disabilities to freely and knowingly decide on the number of their children and the spacing of births, as well as the right to have access, in a manner appropriate to their age, to reproductive information and education and family planning; and to provide the means necessary for the exercise of these rights;
(c) Persons with disabilities, including children, maintain their fertility on the basis of equality with others.
2. States Parties shall guarantee the rights and responsibilities of persons with disabilities in respect of guardianship, guardianship, custody and adoption of children or similar institutions, where such institutions exist in national legislation; in all cases, the best interests of the child are the primary consideration. States Parties shall provide appropriate assistance to persons with disabilities in the exercise of their parental responsibilities.
3. States Parties shall ensure that children with disabilities have equal rights in their family lives. For the purpose of exercising these rights and in order to prevent the concealment, abandonment, neglect and segregation of children with disabilities, States Parties undertake to provide children with disabilities and their families, at an early stage, with a wide range of information and services, including support services.
4. States Parties shall ensure that no child is separated from their parents against their will, unless the competent authorities, subject to judicial review, decide, in accordance with the applicable law and procedures, that such separation is necessary in the best interests of the child. In no case shall a child be separated from his or her parents because of his or her disability or the disability of one or both parents.
5. States Parties shall, when the immediate family is unable to care for a disabled child, undertake to make every effort to ensure the care of the child by the extended family and, if not possible, within a family environment within the community.
Article 24
Education
1. States Parties recognize the right of persons with disabilities to education. In order to ensure the exercise of this right without discrimination and on the basis of equality of opportunity, the States Parties shall ensure that the educational system provides for the integration of schools at all levels and offers, throughout life, educational opportunities that aim to:
(a) The full development of human potential and the sense of dignity and self-esteem, as well as the strengthening of respect for human rights, fundamental freedoms and human diversity;
(b) The development of the personality of persons with disabilities, their talents and creativity, and their mental and physical abilities, to the full extent of their potential;
(c) Effective participation of persons with disabilities in a free society.
2. For the purpose of exercising this right, States Parties shall ensure that:
(a) Persons with disabilities are not excluded, on the basis of their disability, from the general education system and that children with disabilities are not excluded, on the basis of their disability, from free and compulsory primary education or secondary education;
(b) Persons with disabilities can, on the basis of equality with others, have access, in the communities where they live, to inclusive, quality and free primary education, and to secondary education;
(c) reasonable adjustments shall be made to the needs of each person;
(d) Persons with disabilities benefit, within the general education system, from the necessary support to facilitate their effective education;
(e) Effective individualized support measures are taken in environments that optimize school progress and socialization, in line with the goal of full integration.
3. States Parties shall provide persons with disabilities with the opportunity to acquire the necessary practical and social skills to facilitate their full and equal participation in the education system and in the life of the community. To that end, States Parties shall take appropriate measures, including:
(a) Facilitate learning of Braille, adapted writing and improved and alternative modes, means and forms of communication, development of orientation and mobility capacities, as well as peer support and mentorship;
(b) Facilitate learning of sign language and promoting the linguistic identity of deaf persons;
(c) Ensure that people who are blind, deaf or deaf and blind - especially children - receive education in the language and through the modes and means of communication that are best suited to everyone, in environments that optimise academic progress and sociabilisation.
4. In order to facilitate the exercise of this right, States Parties shall take appropriate measures to employ teachers, including teachers with disabilities, who have a sign language qualification or Braille qualification and to train educational professionals and staff at all levels. This training includes disability awareness and the use of improved and alternative modes, means and forms of communication and teaching techniques and materials adapted to persons with disabilities.
5. States Parties shall ensure that persons with disabilities have access, without discrimination and on the basis of equality with others, to general tertiary education, vocational training, adult education and continuing education. To this end, they ensure that reasonable accommodation is provided for persons with disabilities.
Rule 25
Health
States Parties recognize that persons with disabilities have the right to the highest attainable standard of health without discrimination on the basis of disability. They take all appropriate measures to ensure access to health services that take into account gender, including rehabilitation services. In particular, States Parties:
(a) Provide persons with disabilities with free or affordable health services covering the same range and quality as those offered to others, including sexual and reproductive health services and community public health programs;
(b) Provide persons with disabilities with the health services they need, specifically because of their disability, including early detection services and, where appropriate, early intervention, and services to minimize or prevent new disabilities, including children and the elderly;
(c) Provide services to persons with disabilities as close to their community, including in rural areas;
(d) Require health professionals to provide persons with disabilities with the same quality of care as those provided to others, including the free and informed consent of persons with disabilities; To this end, States Parties conduct training activities and promote ethical rules for the public and private sectors of health, such as raising awareness of human rights, dignity, autonomy and the needs of persons with disabilities;
(e) prohibit in the insurance sector discrimination against persons with disabilities, who must be able to obtain, on a fair and reasonable basis, health insurance and, in countries where it is authorized under national law, life insurance;
(f) Prevent any discriminatory refusal to provide medical care or services or food or liquid because of a disability.
Rule 26
Adaptation and rehabilitation
1. States Parties shall take effective and appropriate measures, including intervening mutual assistance, to enable persons with disabilities to achieve and maintain maximum autonomy, to fully realize their physical, mental, social and professional potential, and to achieve full integration and full participation in all aspects of life. To this end, the States Parties shall organize, strengthen and develop diversified services and programmes of adaptation and rehabilitation, in particular in the areas of health, employment, education and social services, so that these services and programmes:
(a) Start at the earliest possible stage and be based on a multidisciplinary assessment of the needs and strengths of each individual;
(b) Facilitate participation and integration in the community and in all aspects of society, be freely accepted and be made available to persons with disabilities as close as possible to their community, including in rural areas.
2. States Parties shall promote the development of the initial and continuing training of professionals and staff working in adaptation and rehabilitation services.
3. States Parties shall promote the provision, knowledge and use of aid devices and technologies designed for persons with disabilities, which facilitate adaptation and rehabilitation.
Rule 27
Labour and employment
1. States Parties shall recognize persons with disabilities, on the basis of equality with others, the right to work, including the possibility of earning their lives by performing work freely chosen or accepted in a labour market and in an open workplace, promoting inclusion and accessible to persons with disabilities. They guarantee and promote the exercise of the right to work, including those who have acquired a disability in the course of employment, by taking appropriate measures, including legislative measures, including:
(a) prohibit discrimination on the basis of disability in all matters relating to employment in all its forms, including conditions of recruitment, hiring and employment, maintenance in employment, advancement and safety and hygiene at work;
(b) Protecting the right of persons with disabilities to enjoy, on the basis of equality with others, just and favourable conditions of work, including equal opportunities and equal pay for work, safety and hygiene in the workplace, protection against harassment and grievance procedures;
(c) Ensure that persons with disabilities can exercise their professional and trade union rights on the basis of equality with others;
(d) Ensuring that persons with disabilities have effective access to technical and vocational guidance programs, placement services and professional and continuing education services available to the general population;
(e) Promote employment and advancement opportunities for persons with disabilities in the labour market, as well as assistance in research and employment, job retention and return to employment;
(f) Promote opportunities for the exercise of an independent activity, the entrepreneurial spirit, the organization of cooperatives and the creation of a business;
(g) Use of persons with disabilities in the public sector;
(h) Promote the employment of persons with disabilities in the private sector by implementing appropriate policies and measures, including, where appropriate, affirmative action programmes, incentives and other measures;
(i) Ensure that reasonable accommodation is provided to workplaces for persons with disabilities;
(j) Promote the acquisition by persons with disabilities of professional experience in the general labour market;
(k) Promote programmes for technical and vocational rehabilitation, retention and return to employment for persons with disabilities.
2. States Parties shall ensure that persons with disabilities are not held in slavery or servitude, and that they are protected, on the basis of equality with others, against forced or compulsory labour.
Rule 28
Adequate standard of living and social protection
1. States Parties shall 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 the constant improvement of their living conditions and shall take appropriate measures to protect and promote the exercise of this right without discrimination based on disability.
2. States Parties recognize the right of persons with disabilities to social protection and enjoyment of this right without discrimination on the basis of disability and take appropriate measures to protect and promote the exercise of this right, including measures to:
(a) To ensure that persons with disabilities have equal access to safe water services and to provide them with access to services, equipment and accessories and other assistance that meet the needs created by their disability that are appropriate and affordable;
(b) Ensure access to social protection programmes and poverty reduction programmes for persons with disabilities, especially women and girls and older persons;
(c) To provide persons with disabilities and their families, where they live in poverty, with access to public assistance to cover disability-related costs, including costs to adequately provide training, psychological support, financial assistance or respite care;
(d) Ensure access to social housing programs for persons with disabilities;
e) Ensure equal access to pension programs and benefits for persons with disabilities.
Rule 29
Participation in political and public life
States Parties shall guarantee to persons with disabilities the enjoyment of political rights and the opportunity to exercise them on the basis of equality with others, and shall:
(a) To ensure that persons with disabilities can effectively and fully participate in political and public life on the basis of equality with others, either directly or through freely chosen representatives, including the right and opportunity to vote and be elected, and to that end, among other measures:
(i) Ensure that electoral procedures, equipment and materials are appropriate, accessible and easy to understand and use;
(ii) Protect the right of persons with disabilities to vote in secret ballots and without intimidation in public elections and referendums, to run in elections and to effectively exercise an elective mandate and to perform all public functions at all levels of the State, and facilitate, where appropriate, the use of assistance technologies and new technologies;
(iii) Guarantee the free expression of the will of persons with disabilities as electors and for this purpose if necessary, and at their request, allow them to be assisted by a person of their choice to vote;
(b) To actively promote an environment in which persons with disabilities can effectively and fully participate in the conduct of public affairs, without discrimination and on the basis of equality with others, and to encourage their participation in public affairs, including through:
(i) Their participation in non-governmental organizations and associations that are interested in the country's public and political life and their participation in the activities and administration of political parties;
(ii) The establishment of organizations of persons with disabilities to represent them at the international, national, regional and local levels and the accession to these organizations.
Rule 30
Participation in cultural and recreational life, leisure and sports
1. States Parties recognize the right of persons with disabilities to participate in cultural life on the basis of equality with others, and shall take all appropriate measures to ensure that they:
(a) Access to cultural products in accessible formats;
(b) Access to television programs, films, plays and other cultural activities in accessible formats;
(c) Access to cultural activities such as theatres, museums, cinemas, libraries and tourist services, and, to the extent possible, to monuments and sites important to national culture.
2. States Parties shall take appropriate measures to give persons with disabilities the opportunity to develop and realize their creative, artistic and intellectual potential, not only in their own interests, but also in the enrichment of society.
3. States Parties shall take all appropriate measures, in accordance with international law, to ensure that laws protecting intellectual property rights are not an unreasonable or discriminatory obstacle to the access of persons with disabilities to cultural products.
4. Persons with disabilities are entitled, on the basis of equality with others, to the recognition and support of their specific cultural and linguistic identity, including sign languages and the culture of the deaf.
5. In order to enable persons with disabilities to participate, on the basis of equality with others, in recreational, leisure and sport activities, States Parties shall take appropriate measures to:
(a) Encourage and promote the participation, to the extent possible, of persons with disabilities in ordinary sport activities at all levels;
(b) To ensure that persons with disabilities have the opportunity to organize and develop sports and recreational activities that are specific to them and to participate in them, and to this end to encourage the provision of training, training and appropriate resources on the basis of equality with others;
(c) Ensure that persons with disabilities have access to places where sport, recreation and tourism activities are taking place;
(d) Ensure that children with disabilities can participate, on the basis of equality with other children, in recreational, recreational and sporting activities, including in the school system;
(e) Ensure that persons with disabilities have access to the services of people and agencies responsible for organizing recreational activities, tourism and leisure activities and sports activities.
Rule 31
Statistics and data collection
1. States Parties undertake to collect appropriate information, including statistical data and research results, to enable them to formulate and implement policies to give effect to this Convention. The procedures for the collection and retention of such information shall respect:
(a) Legal guarantees, including those arising from data protection legislation, to ensure the confidentiality and privacy of persons with disabilities;
(b) Internationally accepted standards for the protection of human rights and fundamental freedoms and ethical principles governing the collection and use of statistics.
2. The information collected in accordance with this Article shall be dedisaggregated, as appropriate, and used to assess how States Parties fulfil their obligations under this Convention and to identify and remove obstacles faced by persons with disabilities in the exercise of their rights.
3. States Parties are responsible for disseminating these statistics and ensuring that they are accessible to persons with disabilities and others.
Rule 32
International cooperation
1. States Parties recognize the importance of international cooperation and its promotion, in support of national efforts for the realization of the object and purposes of this Convention, and take appropriate and effective measures in this regard, between them and, where appropriate, in partnership with relevant international and regional organizations and civil society, in particular organizations of persons with disabilities. Such measures may include:
(a) To ensure that international cooperation, including international development programmes, takes into account and is accessible to persons with disabilities;
(b) Facilitate and support capacity-building, including through the exchange and sharing of information, experience, training programs and best practices;
(c) Facilitate cooperation for research and access to scientific and technical knowledge;
(d) Provide, where appropriate, technical assistance and economic assistance, including by facilitating the acquisition and sharing of access and assistance technologies and by carrying out technology transfers.
2. The provisions of this article shall be without prejudice to the obligation of each State Party to fulfil its obligations under this Convention.
Rule 33
National implementation and monitoring
1. States Parties shall designate, in accordance with their system of government, one or more points of contact for matters relating to the application of this Convention and shall duly consider establishing or designate, within their administration, a coordination mechanism to facilitate actions related to this application in different sectors and at different levels.
2. States Parties, in accordance with their administrative and legal systems, shall maintain, strengthen, designate or establish, at the domestic level, a device, including one or more independent mechanisms, as appropriate, for the promotion, protection and monitoring of the application of this Convention. By designating or creating such a mechanism, they take into account the principles applicable to the status and functioning of national human rights institutions.
3. Civil society - in particular persons with disabilities and organizations representing them - is associated and participates fully in the monitoring function.
Rule 34
Committee on the Rights of Persons with Disabilities
1. A Committee on the Rights of Persons with Disabilities (hereinafter referred to as the Committee) is established to perform the following functions.
2. The Committee shall, at the time of the entry into force of this Convention, consist of twelve experts. After sixty additional ratifications and accessions to the Convention, six members will be added to the Committee, which will then reach its maximum membership of eighteen members.
3. The members of the Committee shall serve in their personal capacity and shall be personalities of a high moral authority and justifying a recognized competence and experience in the field to which this Convention applies. States Parties are invited, when nominating their candidates, to take due account of the provision set out in paragraph 3 of Article 4 of this Convention.
4. The members of the Committee are elected by the States Parties, taking into account the principles of equitable geographical distribution, representation of different forms of civilization and major legal systems, balanced gender representation and participation of experts with disabilities.
5. Members of the Committee shall be elected by secret ballot on a list of candidates nominated by States Parties from among their nationals at meetings of the Conference of States Parties. At these meetings, where the quorum is constituted by two thirds of the States Parties, shall be elected members of the Committee with the highest number of votes and the absolute majority of votes of the representatives of the States Parties present and voting.
6. The first election shall be held within six months of the date of entry into force of this Convention. At least four months before the date of each election, the Secretary-General of the United Nations will in writing invite States Parties to nominate their candidates within two months. The Secretary-General shall then draw up the alphabetical list of candidates so nominated, indicating the States Parties that have nominated them, and shall transmit it to the States Parties to this Convention.
7. The members of the Committee shall be elected for four years. They are eligible for re-election once. However, the term of six of the members elected at the first election ends after two years; immediately after the first election, the names of the six members shall be drawn by lot by the Chairman of the meeting referred to in paragraph 5 of this article.
8. The election of the six additional members of the Committee shall be carried out in ordinary elections in accordance with the provisions of this article.
9. In the event of the death or resignation of a member of the Committee, or if, for any other reason, a member declares that he or she is unable to perform his or her functions, the State Party which had nominated him or her shall appoint another expert with the qualifications and conditions set out in the relevant provisions of this article to fill the position so vacant until the expiry of the corresponding term.
10. The Committee adopted its rules of procedure.
11. The Secretary-General of the United Nations shall make available to the Committee the personnel and material resources necessary for the effective performance of the functions entrusted to him under this Convention and shall convene its first meeting.
12. Members of the Committee shall, with the approval of the United Nations General Assembly, receive emoluments from the resources of the United Nations under the conditions established by the General Assembly, taking into account the importance of the functions of the Committee.
13. Members of the Committee shall enjoy the facilities, privileges and immunities granted to experts on mission for the United Nations, as provided for in the relevant sections of the Convention on the Privileges and Immunities of the United Nations.
Rule 35
Reports of States Parties
1. Each State Party shall submit to the Committee, through the Secretary-General of the United Nations, a detailed report on the measures it has taken to fulfil its obligations under this Convention and on the progress made in this regard, within two years of the entry into force of this Convention for the State Party concerned.
2. States Parties shall then submit supplementary reports at least every four years, and any other reports requested by the Committee.
3. The Committee adopts, where appropriate, guidelines on the content of reports.
4. States Parties that submitted a detailed initial report to the Committee do not, in their subsequent reports, repeat the information already provided. States Parties are invited to prepare their reports in an open and transparent manner and with due regard to the provision in paragraph 3 of Article 4 of this Convention.
5. Reports may indicate factors and difficulties affecting the fulfilment of the obligations set out in this Convention.
Rule 36
Consideration of reports
1. Each report is considered by the Committee, which makes suggestions and general recommendations on the report it considers appropriate and transmits them to the State Party concerned. This State Party may communicate in response to the Committee any information it considers useful. The Committee may request additional information from States Parties regarding the application of this Convention.
2. In the event of a significant delay in the submission of a report by a State Party, the Committee may notify the Committee that it will be reduced to review the application of this Convention in that State Party from the reliable information available to it, unless the expected report is submitted to the Committee within three months of the notification. The Committee will invite the State Party concerned to participate in this review. If the State Party responds by submitting its report, the provisions of paragraph 1 of this article will apply.
3. The Secretary-General of the United Nations shall communicate the reports to all States Parties.
4. States Parties make their reports widely available to the public in their own countries and facilitate public access to the general suggestions and recommendations they have made.
5. The Committee shall transmit to the specialized agencies, funds and programmes of the United Nations and other competent bodies, if it deems it necessary, the reports of the States Parties containing a request or indicating a need for technical advice or assistance, together with, where appropriate, its observations and recommendations relating to the request or indication, so that they may be answered.
Rule 37
Cooperation between States Parties and the Committee
1. States Parties shall cooperate with the Committee and assist its members in fulfilling their terms of reference.
2. In its relations with States Parties, the Committee will give due attention to ways and means of strengthening national capacities for the purposes of the application of this Convention, including through international cooperation.
Rule 38
Committee reports with other bodies and bodies
To promote the effective implementation of this Convention and to encourage international cooperation in the field it aims to:
(a) The specialized agencies and other organizations of the United Nations have the right to be represented in the review of the application of the provisions of this Convention that fall within their mandate. The Committee may invite the specialized agencies and all other organizations that it deems appropriate to give specialized advice on the implementation of the Convention in areas falling within their respective mandates. It may invite specialized agencies and other organizations of the United Nations system to submit reports on the implementation of the Convention in sectors within their area of activity;
(b) In carrying out its mandate, the Committee shall consult, as it deems appropriate, the other relevant bodies established by international human rights treaties with a view to ensuring the coherence of their reporting guidelines, their suggestions and their respective general recommendations and to avoid duplication and overlap in the exercise of their functions.
Rule 39
Report of the Committee
The Committee shall report on its activities to the General Assembly and to the Economic and Social Council every two years and may make suggestions and general recommendations based on the consideration of reports and information received from States Parties. These suggestions and general recommendations are included in the Committee ' s report, together with, where appropriate, comments from States Parties.
Rule 40
Conference of States Parties
1. States Parties shall meet regularly in the Conference of the States Parties to consider any matters relating to the application of this Convention.
2. At least six months after the entry into force of this Convention, the Conference of the States Parties shall be convened by the Secretary-General of the United Nations. Its subsequent meetings will be convened by the Secretary-General every two years or by decision of the Conference of States Parties.
Rule 41
Depositary
The Secretary-General of the United Nations is the depositary of this Convention.
Rule 42
Signature
This Convention is open for signature by all States and regional integration organizations at United Nations Headquarters in New York as of 30 March 2007.
Rule 43
Consent to be bound
This Convention is subject to the ratification of States and to the formal confirmation of the regional integration organizations that have signed it. It will be open to the accession of any State or regional integration organization that has not signed it.
Rule 44
Regional integration organizations
1. By "regional integration organization" means any organization constituted by sovereign States of a given region, to which its member States have transferred competence in the areas governed by this Convention. In their instruments of formal confirmation or accession, these organizations indicate the extent of their competence in the areas governed by this Convention. Subsequently, they notify the depositary of any significant changes in the scope of their jurisdiction.
2. In this Convention, references to "States Parties" apply to these organizations within their jurisdiction.
3. For the purposes of Article 45, paragraph 1, and Article 47, paragraphs 2 and 3, of this Convention, instruments deposited by regional integration organizations are not counted.
4. Regional integration organizations shall have, in order to exercise their right to vote at the Conference of the States Parties in matters within their competence, a number of votes equal to the number of their member States Parties to this Convention. They do not exercise their right to vote if their Member States exercise their own, and vice versa.
Rule 45
Entry into force
1. This Convention shall enter into force on the thirtieth day after the deposit of the twentieth instrument of ratification or accession.
2. For each State or regional integration organization that formally ratify or confirm this Convention or accede to it after the deposit of the twentieth instrument of ratification or accession, the Convention shall enter into force on the thirtieth day after the deposit by that State or that organization of its instrument of ratification, accession or formal confirmation.
Rule 46
Reservations
1. Reservations incompatible with the object and purpose of this Convention shall not be allowed.
2. Reservations may be withdrawn at any time.
Rule 47
Amendments
1. Any State Party may propose an amendment to this Convention and submit it to the Secretary-General of the United Nations. The Secretary-General shall communicate the amendment proposals to the States Parties, asking them whether they are in favour of convening a conference of the States Parties with a view to examining these proposals and deciding on them. If, within four months of the date of this communication, at least one third of the States Parties shall vote in favour of convening such a conference, the Secretary-General shall convene the conference under the auspices of the United Nations. Any amendment adopted by a two-thirds majority of the States Parties present and voting shall be submitted for approval to the United Nations General Assembly and then for acceptance to all States Parties.
2. Any amendment adopted and approved in accordance with paragraph 1er of this Article shall enter into force on the thirtieth day after the date on which the number of instruments of acceptance deposited reaches two thirds of the number of States Parties on the date of its adoption. Subsequently, the amendment comes into force for each State Party on the thirtieth day following the deposit by that State of its instrument of acceptance. The amendment only binds States Parties that have accepted it.
3. If the Conference of States Parties so decides by consensus, an amendment adopted and approved in accordance with paragraph 1er of this Article and bearing exclusively on Articles 34, 38, 39 and 40 shall enter into force for all States Parties on the thirtieth day after the date on which the number of instruments of acceptance deposited reaches two thirds of the number of States Parties on the date of its adoption.
Rule 48
Denunciation
Any State Party may denounce this Convention by means of a written notification addressed to the Secretary-General of the United Nations. The denunciation takes effect one year after the date on which the Secretary-General has received notification.
Rule 49
Accessible format
The text of this Convention will be disseminated in accessible formats.
Rule 50
Faithful texts
The Arabic, Chinese, English, French, Russian and Spanish texts of the present Convention are equally authentic.
In faith, undersigned Plenipotentiaries, duly authorized by their respective Governments, have signed this Convention.
Adopted in New York on 13 December 2006.

Optional Protocol to the Convention on the Rights of Persons with Disabilities
The States Parties to this Protocol have agreed as follows:
Article 1er
1. Any State Party to this Protocol ("State Party") recognizes that the Committee on the Rights of Persons with Disabilities ("the Committee") has jurisdiction to receive and consider communications from individuals or groups of individuals or on behalf of individuals or groups of individuals under its jurisdiction who claim to be victims of a violation by that State Party of the provisions of the Convention.
2. The Committee shall not receive any communication involving a State Party to the Convention that is not a party to this Protocol.
Article 2
The Committee declares inadmissible any communication:
(a) Who is anonymous;
(b) An abuse of the right to submit such communications or is incompatible with the provisions of the Convention;
(c) Referring to a matter that has already been examined or that has already been examined or is being examined under another procedure of international investigation or settlement;
(d) With respect to which all available domestic remedies have not been exhausted, unless the appeal procedure exceeds reasonable time limits or it is unlikely that the appellant obtains redress through this means;
(e) which is manifestly ill-founded or insufficiently motivated; or
(f) Who deals with facts prior to the date of entry into force of this Protocol with respect to the State Party concerned, unless these facts persist after that date.
Article 3
Subject to the provisions of Article 2 of this Protocol, the Committee shall, in confidence, bring to the attention of the State Party concerned any communication addressed to it. The State Party concerned shall submit in writing to the Committee, within six months, explanations or statements clarifying the matter and indicating any measures it may have taken to remedy the situation.
Article 4
1. Upon receipt of a communication and before making a decision on the merits, the Committee may at any time submit to the State Party concerned a request that it take the necessary precautionary measures to avoid irreparable damage to the victims of the alleged violation.
2. The Committee does not prejudge its decision on the admissibility or merits of the communication because it exercises its discretion under paragraph 1er of this article.
Article 5
The Committee shall consider in camera the communications addressed to it under this Protocol. After considering a communication, the Committee shall transmit its suggestions and recommendations to the State Party concerned and to the petitioner.
Article 6
1. If the Committee is informed, through credible information, that a State Party seriously or systematically violates the rights set out in the Convention, it invites the State party to consult with it on the information brought to its attention and to submit its observations on them.
2. The Committee, on the basis of any observations made by the State Party concerned, as well as any other credible information available to it, may charge one or more of its members to conduct an investigation and report promptly to it on the results of the investigation. This investigation may, when warranted and with the agreement of the State Party, include a visit to the territory of that State.
3. After reviewing the results of the investigation, the Committee shall communicate them to the State Party concerned, accompanied, where appropriate, by observations and recommendations.
4. After being informed of the results of the investigation and the Committee's observations and recommendations, the State Party shall submit its observations to the Committee within six months.
5. The investigation shall remain confidential and the cooperation of the State Party shall be sought at all stages of the proceedings.
Article 7
1. The Committee may invite the State Party concerned to include, in its report to be submitted pursuant to Article 35 of the Convention, details of the measures it has taken following an investigation conducted under Article 6 of this Protocol.
2. Upon the expiry of the six-month period referred to in paragraph 4 of Article 6, the Committee may, if any, invite the State Party concerned to inform it of the measures it has taken following the investigation.
Article 8
Any State Party may, at the time of signing or ratifying or acceding to this Protocol, declare that it does not recognize the competence conferred on it by Articles 6 and 7.
Article 9
The Secretary-General of the United Nations is the depositary of this Protocol.
Article 10
This Protocol is open for signature by States and regional integration organizations that have signed the Convention at United Nations Headquarters in New York, effective 30 March 2007.
Article 11
This Protocol is subject to ratification by the States that have signed it and have ratified or acceded to the Convention. It must be formally confirmed by regional integration organizations that have signed it and that have formally confirmed or acceded to the Convention. It will be open to the accession of any State or regional integration organization that has formally ratified or confirmed or acceded to the Convention but has not signed the Protocol.
Article 12
1. By "regional integration organization" means any organization constituted by sovereign States of a given region, to which its member States have transferred competence in the areas governed by the Convention and this Protocol. In their instruments of formal confirmation or accession, these organizations indicate the extent of their competence in areas governed by the Convention and this Protocol. Subsequently, they notify the depositary of any significant changes in the scope of their jurisdiction.
2. In this Protocol, references to "States Parties" apply to these organizations within their jurisdiction.
3. For the purposes of paragraph 1er Article 13 and Article 15, paragraph 2, of this Protocol, the instruments deposited by regional integration organizations are not counted.
4. Regional integration organizations shall have, in order to exercise their right to vote at the meeting of States Parties in areas within their competence, a number of votes equal to the number of their member States Parties to this Protocol. They do not exercise their right to vote if their Member States exercise their own, and vice versa.
Article 13
1. Subject to the entry into force of the Convention, this Protocol shall enter into force on the thirtieth day after the deposit of the tenth instrument of ratification or accession.
2. For each State or regional integration organization that will formally ratify or confirm this Protocol or accede to it after the deposit of the tenth instrument of ratification or accession, the Protocol shall enter into force on the thirtieth day after the deposit by that State or that organization of its instrument of ratification, accession or formal confirmation.
Article 14
1. Reservations incompatible with the object and purpose of this Protocol shall not be allowed.
2. Reservations may be withdrawn at any time.
Article 15
1. Any State Party may propose an amendment to this Protocol and submit it to the Secretary-General of the United Nations. The Secretary-General shall communicate the amendment proposals to the States Parties, asking them whether they are in favour of convening a meeting of the States Parties with a view to examining these proposals and deciding on them. If, within four months after the date of this communication, at least one third of the States Parties shall vote in favour of convening such a meeting, the Secretary-General shall convene the meeting under the auspices of the United Nations. Any amendment adopted by a two-thirds majority of the States Parties present and voting shall be submitted for approval to the United Nations General Assembly and then for acceptance to all States Parties.
2. Any amendment adopted and approved in accordance with paragraph 1 of this Article shall enter into force on the thirtieth day after the date on which the number of instruments of acceptance deposited reaches two thirds of the number of States Parties on the date of its adoption. Subsequently, the amendment comes into force for each State Party on the thirtieth day following the deposit by that State of its instrument of acceptance. The amendment only binds States Parties that have accepted it.
Article 16
Any State Party may denounce this Protocol by means of written notification addressed to the Secretary-General of the United Nations. The denunciation takes effect one year after the date on which the Secretary-General has received notification.
Article 17
The text of this Protocol will be disseminated in accessible formats.
Article 18
The Arabic, Chinese, English, French, Russian and Spanish texts of this Protocol are equally authentic.
In faith, undersigned Plenipotentiaries, duly authorized by their respective Governments, have signed this Protocol.
Adopted in New York on 13 December 2006.

Convention on the Rights of Persons with Disabilities, adopted in New York on 13 December 2006


Optional Protocol to the Convention on the Rights of Persons with Disabilities,
adopted in New York on 13 December 2006