DECREE NO. 6,949, OF August 25, 2009.

Promulga the International Convention on the Rights of Persons with Disabilities and its Optional Protocol, signed in New York, on March 30, 2007.

THE PRESIDENT OF THE REPUBLIC, in the use of assignment that confers you the art. 84, inciso IV, of the Constitution, and

Considering that the National Congress has approved, by means of the Legislative Decree no 186, of July 9, 2008, as per the procedure of § 3º of the art. 5º of the Constitution, the Convention on the Rights of Persons with Disabilities and its Optional Protocol, signed in New York, on March 30, 2007;

Whereas the Brazilian Government deposited the instrument of ratification of the said acts together with the Secretary-General of the United Nations on ;

Whereas the international acts in appreciation came into force for Brazil, in the legal plan external, on August 31, 2008;

DECRETA:

Art. 1st The Convention on the Rights of Persons with Disabilities and its Optional Protocol, apensos by copy to this Decree, will be executed and complied with as entirely as in them.

Art. 2nd are subject to the approval of the National Congress any acts that may result in revision of the aforementioned international diplomas or that carries charges or gravy commitments to the national heritage, in the terms of art. 49, inciso I, of the Constitution.

Art. 3rd This Decree comes into effect on the date of its publication.

Brasilia, August 25, 2009; 188th of the Independence and 121st of the Republic.

LUIZ INACIO LULA DA SILVA

Celso Luiz Nunes Amorim

CONVENTION ON THE RIGHTS OF PERSONS WITH DISABILITIES

Preamble

The States Parties to this Convention,

a) Relaying the principles enshrined in the Letter from the United Nations, which recognizes the inherent dignity and value and equal and inalienable rights of all members of the human family as the foundation of freedom, justice and peace in the world,

b) Recognizing that the United Nations, in the Universal Declaration of the Human Rights and the International Pactos on Human Rights, proclaimed and agreed that every person does jus to all the rights and freedoms there established, without distinction of any species,

c) Reasserting universality, indivisibility, the interdependence and the inter-relationship of all human rights and fundamental freedoms, as well as the need to ensure that all persons with disabilities exercise them fully, without discrimination,

d) Relembrating the International Covenant of Economic Rights, Social and Cultural Rights, the International Covenant of 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 its Families,

e) Recognizing that the disability is an evolving concept and that disability results from the interaction between people with disabilities and the barriers due to attitudes and the environment that prevent the full and effective participation of these people in the society on equal basis opportunities with the rest of people,

f) Recognizing the importance of the principles and policy guidelines, contained in the World Action Program for Disabled Persons and in the Standards on the Equiparation of Opportunities for People with Disabilities, to influence promotion, the formulation and the evaluation of policies, plans, programs and actions at national, regional and international levels to enable greater equality of opportunity for persons with disabilities,

g) Ressaling the importance of bringing questions concerning the Disability at the heart of society's concerns as an integral part of the relevant sustainable development strategies,

h) Recognizing also that discrimination against any person, by reason of disability, sets up violation of dignity and of the value inherent in the human being,

i) Recognizing still the diversity of people with disabilities,

j) Recognizing the need to promote and protect the human rights of all persons with disabilities, including from those that require greater support,

k) Concerned with the fact that, notwithstanding these diverse instruments and engagments, people with disabilities continue to face barriers against their participation as equal members of society and violations of their human rights in all parts of the world,

l) Recognizing the importance of international cooperation to improve the living conditions of people with disabilities in all countries, particularly in those in development,

m) Recognizing the valuable existing and potential contributions of people with disabilities to common well-being and diversity of their communities, and that the promotion of full exercise, by the people with disabilities, of their human rights and fundamental freedoms and of their full participation in society will result in the strengthening of their sense of belonging to society and in the significant advancement of human, social and economic development of society, as well as in eradicating poverty,

n) Recognizing the importance, for people with disabilities, of their individual autonomy and independence, inclusive of the freedom to make the choices themselves,

o) Whereas people with disabilities should be given the opportunity to actively participate in decisions regarding programs and policies, including those concerning them directly,

p) Preoccupied with the difficult situations faced by persons with disabilities who are subject to multiple or aggravated forms of discrimination because of race, colour, sex, language, religion, political or other opinions, national, ethnic, native or social origin, property, birth, age or other condition,

q) Recognizing that women and girls with disabilities are often exposed to greater risks, both in the home and outside of it, of suffering violence, injury or abuse, discase or negligent treatment, mistreatment or exploitation,

r) Recognizing that children with disabilities should fully enjoy all human rights and fundamental freedoms on equal opportunities with the other children and recalling the obligations assumed with that end by the States Parties to the Convention on the Rights of the Child,

s) Ressaling the need to incorporate the gender perspective to efforts to promote the full exercise of human rights and fundamental freedoms by people with disabilities,

t) stressing the fact that most people with disabilities live in conditions of poverty and, in that sense, recognizing the critical need to deal with the negative impact of poverty on people with disabilities,

u) Having in mind that the conditions of peace and security based on full respect for the purposes and principles enshrined in the Charter of the United Nations and the observance of human rights instruments are indispensable for the full protection of persons with disabilities, particularly during armed conflicts and foreign occupation,

v) Recognizing the importance of accessibility to physical means, social, economic and cultural, health, education, and information and communication, to enable people with disabilities to the full enjoyment of all human rights and fundamental freedoms,

w) Consent that the person has duties towards other people and to with the community to which it belongs and which therefore has the responsibility to strive for the promotion and observance of the rights recognized in the International Charter of Human Rights,

x) Convinced that the family is the natural and fundamental core of the society and has the right to receive the protection of society and the state and that persons with disabilities and their family members should be given the protection and assistance necessary to make families able to contribute to full exercise and eequitative of the rights of persons with disabilities,

y) Convinced that a general and integral international convention to promote and protect the rights and dignity of persons with disabilities will provide significant contribution to correcting the deep social disadvantages of people with disabilities and to promote their participation in economic, social and cultural life, on equal opportunities, both in developing and developed countries,

Wake up the following:

Article 1

Purpose

The purpose of this Convention is to promote, protect, and ensure the full and equestic exercise of all human rights and fundamental freedoms by all persons with disabilities and to promote respect for their inherent dignity.

People with disabilities are those who have long-term impediments of a physical, mental, intellectual or sensory nature, which, in interaction with diverse barriers, can obstruct their full and effective participation in society on equal terms with the rest of people.

Article 2

Definitions

For the purposes of this Convention:

?Communication? spans languages, visualization of texts, braille, tactile communication, enlarged characters, accessible multimedia devices, as well as simple, written and oral language, auditory systems and digitized means of voice and the modes, means, and increased and alternative formats of communication, inclusive of accessible information and communication technology;

?Language? covers spoken and sign languages and other forms of non-spoken communication;

?Discrimination by reason of disability? means any differentiation, exclusion or constraint based on disability, with the purpose or effect of preventing or preventing recognition, enjoy or exercise, in equal opportunity with the other persons, of all human rights and fundamental freedoms in the political, economic, social, cultural, civil, civil or any other. It covers all forms of discrimination, including the refusal of reasonable adaptation;

?Reasonable adaptation? means the necessary and appropriate modifications and adjustments that do not entail disproportionate or undue burden, when required in each case, to ensure that persons with disabilities can enjoy or exercise, on equal opportunity with the rest of the people, all human rights and fundamental freedoms;

?Universal design? means the design of products, environments, programs and services to be used, to the greatest extent possible, by all people, with no need for adaptation or specific project. The? universal design? will not exclude technical aids for specific groups of persons with disabilities, when necessary.

Article 3

General principles

The principles of the present Convention are:

a) The respect for inherent dignity, individual autonomy, inclusive of the freedom to make the choices themselves, and the independence of people;

b) A non-discrimination;

c) The full and effective participation and inclusion in society;

d) respect for difference and acceptance of persons with disabilities as part of human diversity and humankind;

e) The equality of opportunity;

f) The accessibility;

g) The equality between man and woman;

h) The respect for the development of the abilities of children with disabilities and for the right of children with disabilities to preserve their identity.

Article 4

General obligations

1.The States Parties undertake to ensure and promote the full exercise of all human rights and fundamental freedoms by all persons with disabilities without any kind of discrimination because of their disability. For so much, the States Parties undertake to:

a) Adopt all legislative, administrative and any other measures, necessary for the realization of the rights recognized in this Convention;

b) Adopt all necessary measures, including legislative ones, to modify or repeal laws, regulations, customs and current practices, which constitute discrimination against persons with disabilities;

c) Taking into account, in all programs and policies, the protection and promotion of the human rights of persons with disabilities;

d) Abster yourself from participating in any act or practice incompatible with this Convention and ensuring that public authorities and institutions act in accordance with this Convention;

e) Take all appropriate measures to eliminate disability-based discrimination, on the part of any person, organization or private company;

f) Undertake or promote the research and development of products, services, equipment and installations with universal design, as defined in Article 2 of this Convention, which require the minimum possible adaptation and the cost of which is the minimum possible, intended to meet the specific needs of persons with disabilities, to promote their availability and their use and to promote universal design when elaboration of standards and guidelines;

g) Realize or promote research and development, as well as the availability and employment of new technologies, inclusive of information and communication technologies, technical aids for locomotion, devices and assistive technologies, suitable for persons with disabilities, giving priority to technologies of affordable cost;

h) Propiciar accessible information for persons with disabilities regarding technical aids for locomotion, assistive devices and assistive technologies, including new technologies as well as other forms of assistance, support services and facilities;

i) Promote capacity-building in relation to rights recognized by this Convention of the professionals and teams working with persons with disabilities, in such a way as to improve the provision of assistance and services guaranteed by these rights.

2.In relation to economic, social and cultural rights, each State Party undertakes to take measures, as much as they allow the available resources and, where necessary, in the framework of international cooperation in order to ensure progressively the full exercise of these rights, without prejudice to the obligations contained in this Convention that are immediately applicable in accordance with international law.

3.In the drafting and implementation of legislation and policies to implement this Convention and in other decision-making processes concerning persons with disabilities, States Parties shall conduct close consultations and actively involve persons with disabilities, inclusive children with disabilities, through their representative organizations.

4.No device of this Convention shall affect any provisions that are most conducive to the realization of the rights of persons with disabilities, which may be contained in the legislation of the State Party or in the international law in force for that State. There will be no restriction or derogation of any of the human rights and fundamental freedoms recognized or prevailing in any State Party to this Convention, in accordance with laws, conventions, regulations or customs, under the allegation that this Convention does not recognize such rights and freedoms or that it recognizes them to a lesser extent.

5.The provisions of this Convention apply, without limitation or exception, to all constitutive units of the federative States.

Article 5

Equality and non-discrimination

1.The States Parties recognize that all persons are equal before and under the law and that they do jus, without any discrimination, equal protection and equal benefit of the law.

2.The States Parties shall prohibit any discrimination based on disability and will ensure persons with disabilities equal and effective legal protection from discrimination for any reason.

3.In order to promote equality and eliminate discrimination, States Parties shall adopt all appropriate measures to ensure that reasonable adaptation is offered.

4.Under this Convention, specific measures that are necessary to accelerate or achieve the effective equality of persons with disabilities will not be considered discriminatory.

Article 6

Women with disabilities

1.The States Parties recognize that women and girls with disabilities are subject to multiple forms of discrimination and will therefore take measures to ensure women and girls with disabilities the full and equal exercise of all rights human and fundamental freedoms.

2.The States Parties shall take all appropriate measures to ensure the full development, advancement and empowerment of women, in order to guarantee them the exercise and enjoyment of the human rights and fundamental freedoms set out in the present Convention.

Article 7

Children with disabilities

1.The States Parties shall take all necessary measures to ensure the disabled children with the full exercise of all human rights and fundamental freedoms, on equal opportunities with the other children.

2.In all actions concerning children with disabilities, the superior interest of the child will receive paramount consideration.

3.The States Parties shall ensure that children with disabilities have the right to freely express their opinion on all subjects that disrespect them, have their opinion properly valued according to their age and maturity, in equality of opportunity with the other children, and receive appropriate care for their disability and age, so that they can exercise such right.

Article 8

Conscientization

1.States Parties undertake to adopt immediate, effective and appropriate measures to:

a) Conscientizar the entire society, inclusive of families, on the conditions of persons with disabilities and to foster respect for the rights and dignity of persons with disabilities;

b) Combat stereotypes, preconceptions and practices harmful to persons with disabilities, including those related to sex and age, in all areas of life;

c) Promote awareness of the abilities and contributions of people with disabilities.

2.Measures to this end include:

a) Launch and give continuity to effective campaigns of public awareness, aimed at:

i) Favorite receptive attitude towards the rights of people with disabilities;

ii) Promoting positive perception and greater social awareness towards people with disabilities;

iii) Promoting the recognition of skills, of the merits and capacities of persons with disabilities and their contribution to the workplace and the labour market;

b) Fomenting at all levels of the education system, including in them all children from an early age, an attitude of respect towards the rights of people with Disability;

c) Encouraging all the media organs to depict persons with disabilities in a manner compatible with the purpose of this Convention;

d) Promoting training programs on awareness of people with disabilities and on the rights of people with disabilities.

Article 9

Acaccessibility

1.In order to enable persons with disabilities to live independently and fully participate in all aspects of life, States Parties shall take appropriate measures to ensure persons with disabilities access, on equal basis opportunities with the remaining people, the physical medium, transportation, information and communication, inclusive of information and communication systems and technologies, as well as other services and facilities open to the public or public use, both in urban area as in rural. These measures, which will include the identification and elimination of obstacles and barriers to accessibility, will be applied, among others, to:

a) Buildings, highways, means of transport and other internal and external facilities, including schools, residences, medical facilities and place of work;

b) Information, communications and other services, including electronic services and emergency services.

2.The States Parties will also take appropriate measures to:

a) Develop, promulgate, and monitor the implementation of minimum standards and guidelines for the accessibility of facilities and services open to the public or public use;

b) Ensuring that private entities that offer facilities and services open to the public or public use take into consideration all aspects regarding accessibility for persons with disabilities;

c) Provide, to all actors involved, training in relation to the accessibility issues with which people with disabilities clash;

d) Dotar the buildings and other facilities open to the public or public use of signage in braille and in formats of easy reading and comprehension;

e) Offer forms of human or animal assistance and mediator services, including guides, leaches and interpreters sign language practitioners, to facilitate access to buildings and other facilities open to the public or public use;

f) Promote other appropriate forms of care and support for persons with disabilities, in order to assure such persons the access to information;

g) Promote the access of persons with disabilities to new information and communication systems and technologies, including to the Internet;

h) Promote, from the early stage, the conception, development, production and dissemination of systems and technologies of information and communication, in order for these systems and technologies to become accessible at minimal cost.

Article 10

Right to life

The States Parties reaffirm that every human being has the inherent right to life and will take all necessary measures to ensure the effective exercise of this right by persons with disabilities, on equal opportunity with the other persons.

Article 11

Situations of risk and humanitarian emergencies

In compliance with your obligations arising from the right international, inclusive of international humanitarian law and international human rights law, States Parties shall take all necessary measures to ensure the protection and safety of persons with disabilities who are found to be in situations of risk, including situations of armed conflict, humanitarian emergencies and occurrence of natural disasters.

Article 12

XX_ENCODE_CASE_One recognition equal before the law

1.The States Parties reaffirm that persons with disabilities have the right to be recognized anywhere as persons before the law.

2.The States Parties shall recognize that persons with disabilities enjoy legal capacity on equal terms with the other persons in all aspects of life.

3.The States Parties shall take appropriate measures to provide for the access of persons with disabilities to the support they need in the exercise of their legal capacity.

4.The States Parties shall ensure that all measures relating to the exercise of legal capacity include appropriate and effective safeguards to prevent abuses, in accordance with international human rights law. Those safeguards shall ensure that the measures relating to the exercise of legal capacity respect the rights, will and preferences of the person, be free from conflict of interest and undue influence, be proportionate and appropriate to the circumstances of the person, apply for the shortest possible period and be subjected to regular review by a competent, independent and impartial judicial authority or body. The safeguards will be commensurate with the degree to which such measures affect the rights and interests of the person.

5.The States Parties, subject to the provisions of this Article, shall take all appropriate and effective measures to ensure persons with disabilities the equal right to possess or inherit goods, to control the finances themselves and to have equal access to bank loans, mortgages and other forms of financial credit, and will ensure that people with disabilities are not arbitrarily destitute of their assets.

Article 13

Access to justice

1.The States Parties shall ensure the effective access of persons with disabilities to justice, on equal terms with the other persons, including upon the provision of appropriate procedural adaptations to the age, in order to facilitate the effective role of the people with disabilities as direct or indirect participants, including as witnesses, in all legal procedures, such as investigations and other preliminary steps.

2.In order to assure persons with disabilities the effective access to justice, States Parties shall promote appropriate empowerment of those who work in the area of administration of justice, including the police and the employees of the penitentiary system.

Article 14

Freedom and security of the person

1.The States Parties shall ensure that persons with disabilities, on equal opportunity with the other persons:

a) Gozem of the right to liberty and security of the person; and

b) Are not private illegal or arbitrarily of your freedom and that all deprivation of liberty is in compliance with the law, and that the existence of disability does not justify the deprivation of liberty.

2.The States Parties shall ensure that, if persons with disabilities are deprived of liberty by some process, they, on equal opportunity with the other persons, make jus to guarantees in accordance with international law of rights humans and are treated in accordance with the objectives and principles of this Convention, including upon the provision of reasonable adaptation.

Article 15

Prevention against torture or cruel treatments or feathers,

inhuman or degrading

1.No person shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment. In particular, no person should be subjected to medical or scientific experiments without their free consent.

2.States Parties shall take all effective measures of a legislative, administrative, judicial or other nature to prevent persons with disabilities, in the same manner as other persons, from being subjected to torture or to cruel treatment or punishment, inhuman or degrading.

Article 16

Prevention against exploitation, violence, and abuse

1.The States Parties shall take all appropriate measures of a legislative, administrative, social, educational and other nature to protect persons with disabilities, both inside and outside the home, against all forms of exploitation, violence and abuse, including gender-related aspects.

2.The States Parties will also take all appropriate measures to prevent all forms of exploitation, violence and abuse, ensuring, among other things, appropriate forms of care and support that take into account the gender and age of people with disabilities and their family members and attendants, including upon provision of information and education on the way to avoid, recognize and report cases of exploitation, violence and abuse. The States Parties shall ensure that the protection services take into account the age, gender and disability of the people.

3.In order to prevent the occurrence of any forms of exploitation, violence and abuse, States Parties shall ensure that all programs and facilities designed to meet persons with disabilities are effectively monitored by authorities independent.

4.The States Parties shall take all appropriate measures to promote physical, cognitive and psychological recovery, including upon provision of protection services, rehabilitation and social reinsertion of persons with disabilities who are victims of any form of exploitation, violence or abuse. Such recovery and reinsertion will occur in environments that promote health, well-being, self-respect, dignity and autonomy of the person and take into consideration the needs of gender and age.

5.States Parties shall adopt effective laws and policies, inclusive legislation and policies aimed at women and children, in order to ensure that cases of exploitation, violence and abuse against persons with disabilities are identified, investigated and, if necessary, judged.

Article 17

Protection of person's integrity

Every person with a disability has the right to their physical and mental integrity be respected, on equal terms with the rest of the people.

Article 18

Freedom of movement and nationality

1.States Parties shall recognize the rights of persons with disabilities to freedom of movement, to the freedom to choose their residency and nationality, in equal opportunity with the other persons, including by ensuring that people with disability:

a) Tenham the right to acquire nationality and change nationality and are not arbitrarily deprived of their nationality on the grounds of their disability.

b) Do not be private, because of their disability, the competence of obtaining, possessing and using document voucher of your nationality or other identity document, or to resort to relevant processes, such as procedures regarding immigration, which are necessary to facilitate the exercise of your right to freedom of movement.

c) Tenham freedom from leaving any country, inclusive of yours; and

d) Do not be private, arbitrarily or because of their disability, of the right to enter the country itself.

2.Children with disabilities will be registered immediately after birth and will have, from birth, the right to a name, the right to acquire nationality and, as much as possible, the right to know their parents and to be taken care of by them.

Article 19

Independent living and inclusion in the community

The States Parties to this Convention recognize the equal right to all persons with disabilities from living in the community, with the same freedom of choice as the other persons, and will take effective and appropriate measures to facilitate the disabled people with the full enjoyment of that right and their full inclusion and participation in the community, including ensuring that:

a) People with disabilities can choose your place of residence and where and with whom to live, on equal opportunity with the other people, and who are not obliged to live in a certain type of housing;

b) People with disabilities have access to a variety of support services at home or in residential institutions or other community support services, inclusive of personal attendant services that are necessary as a support for people with disabilities to live and be included in the community and to prevent them from becoming isolated or segregated from the community;

c) Community services and facilities for the general population are available to people with disabilities, on equal opportunities, and meet their needs.

Article 20

Personal mobility

The States Parties will take effective measures to assure people with disabilities their personal mobility with maximum independence possible:

a) Facilitating mobility staff of people with disabilities, in the form and the moment they want, and at affordable cost;

b) Facilitating to people with disabilities access to assistive technologies, devices and quality technical aids, and forms of human or animal assistance and mediators, including making them available at affordable cost;

c) Propiciating to persons with disabilities and to specialized personnel an empowerment in mobility techniques;

d) Encouraging entities that produce aids mobility techniques, devices and assistive technologies to take into account all aspects concerning the mobility of persons with disabilities.

Article 21

Freedom of expression and opinion and access to information

The States Parties will take all appropriate measures for ensure that persons with disabilities are able to exercise their right to freedom of expression and opinion, including to the freedom to seek, receive and share information and ideas, in equal opportunities with the other persons and through of all forms of communication of their choice, as per the provisions of Article 2 of this Convention, among which:

a) Provide, promptly and without additional cost, to persons with disabilities, all information intended for the general public, in formats accessible and technologies appropriate to the different types of disability;

( b) Accept and facilitate, in official trashes, the use of sign languages, braille, augmentative and alternative communication, and of all the other means, modes and accessible formats of communication, to the choice of persons with disabilities;

c) Urgir the private entities that offer services to the general public, including via the Internet, to provide information and services in accessible formats, which can be used by persons with disabilities;

d) Encouraging the media, including Internet information providers, to make their services accessible to persons with disabilities;

e) Acknowledgable and promote the use of sign languages.

Article 22

Breast to privacy

1.No person with a disability, whatever their place of residence or type of housing, will be subject to arbitrary or unlawful interference in their privacy, family, home, correspondence, or other types of communication, nor to unlawful attacks to his honor and reputation. Persons with disabilities have the right to the protection of the law against such interference or attacks.

2.The States Parties shall protect the privacy of personal data and data relating to the health and rehabilitation of persons with disabilities, on equal terms with the other persons.

Article 23

Breaststroke by home and family

1.States Parties shall take effective and appropriate measures to eliminate discrimination against persons with disabilities, in all aspects concerning marriage, family, paternity and relationships, on equal terms with the other persons, so as to ensure that:

a) Be recognized the right of persons with disabilities, in the age of contracting marriage, of marrying and establishing family, based on the free and full consent of the suitors;

b) Be recognized the rights of persons with disabilities to decide freely and responsibly about the number of children and spacing between those children and having access to adequate information at age and education in relation to reproduction and family planning, as well as the means necessary to exercise these rights.

c) People with disabilities, including children, retain their fertility, on equal terms with the rest of people.

2.The States Parties shall ensure the rights and responsibilities of persons with disabilities, concerning the custody, custody, curing and adoption of children or similar institutions, should these concepts build into national legislation. In all cases, the superior interest of the child shall prevail. The States Parties shall provide due assistance to persons with disabilities so that such persons may exercise their responsibilities in the creation of the children.

3.The States Parties shall ensure that children with disabilities will have equal rights in relation to family life. For the realization of these rights and to prevent concealment, abandonment, neglect and segregation of children with disabilities, States Parties will promptly provide comprehensive information about services and supports to children with disabilities and their families.

4.The States Parties shall ensure that a child shall not be separated from their parents against the will of these, except where competent authorities, subject to jurisdictional control, determine, in accordance with the applicable laws and procedures, that the separation is necessary, in the superior interest of the child. In no case, a child will be separated from the parents on the grounds of disability of the child or one or both of the parents.

5.States Parties, in the case where the immediate family of a child with a disability has no conditions of taking care of the child, will make every effort for alternative care to be offered by other relatives and, if this is not possible, within family environment, in the community.

Article 24

Education

1.The States Parties recognize the right of persons with disabilities to education. To effect this right without discrimination and on the basis of equal opportunity, States Parties shall ensure inclusive education system at all levels, as well as lifelong learning, with the following objectives:

a) The full development of human potential and sense of dignity and self-esteem, in addition to the strengthening of respect for human rights, fundamental freedoms and human diversity;

b) The maximum possible development of personality and talents and creativity of people with disabilities, thus as of their physical and intellectual abilities;

c) The effective participation of people with disabilities in a free society.

2.For the realization of this right, States Parties shall ensure that:

a) persons with disabilities are not excluded from the general education system on disability claim and that children with disabilities are not excluded from free and compulsory primary education or from the secondary education, on disability claim;

b) People with disabilities can have access to inclusive, quality and free primary education, and to secondary education, on equal terms with the remaining people in the community at who live;

c) reasonable adaptations of agreement with individual needs be provided;

d) People with disabilities receive the necessary support, within the framework of the general education system, with views to facilitate their effective education;

e) individualized and effective support measures are adopted in environments that maximize academic and social development, in accordance with the full inclusion target.

3.The States Parties shall ensure persons with disabilities the possibility to acquire the necessary practical and social skills so as to facilitate persons with disabilities with their full and equal participation in the education system and in life in community. For so much, the States Parties will take appropriate measures, including:

a) Facilitation of braille learning, alternative writing, modes, means and formats of augmentative and alternative communication, and orientation and mobility skills, in addition to facilitation of support and peer counseling;

b) Facilitation of the learning of the sign language and promotion of the linguistic identity of the deaf community;

c) Warranty that the education of persons, in particular blind children, surlechy and deaf, is imparted in the languages and modes and media more appropriate to the individual and in environments that favour the utmost their academic and social development.

4.In order to contribute to the exercise of that right, States Parties shall take appropriate measures to employ teachers, inclusive teachers with disabilities, enabled for the teaching of the language of signals and / or braille, and to empower professionals and acting teams at all levels of education. Such empowerment will incorporate disability awareness and the use of appropriate modes, means and formats of increased and alternative communication, and pedagogical techniques and materials, such as supports for persons with disabilities.

5.States Parties shall ensure that persons with disabilities are able to have access to higher education in general, professional training according to their vocation, adult education and continuing education, without discrimination and on equal terms. For so much, the States Parties shall ensure the provision of reasonable adaptations for persons with disabilities.

Article 25

Health

States Parties recognize that persons with disabilities have the right to enjoy the highest health status possible, without discrimination based on disability. The States Parties shall take all appropriate measures to ensure persons with disabilities access to health services, including rehabilitation services, which will take into account gender specificities. In particular, the States Parties:

a) Offer to people with disabilities programs and attention to free health or at affordable costs of the same variety, quality and standard that are offered to the rest of people, including in the area of sexual and reproductive health and public health programs intended for the population in general;

b) They will propitiate health services that people with disabilities need specifically because of their disability, inclusive diagnosis and early intervention, as well as services designed to reduce to the maximum and prevent additional disabilities, including among children and seniors;

c) They will propitiate these health services to persons with disabilities, as close as possible to their communities, including in the rural area;

d) Exigwill from health professionals who dispense with disabled people the same quality of services dispensed to the other persons and mainly to obtain the free and enlightened consent of persons with a disability concernnable. To this end, the States Parties will carry out training activities and define ethical rules for the public and private health sectors, so as to raise awareness of health professionals about human rights, dignity, autonomy and the needs of people with disabilities;

e) Probred discrimination against persons with disabilities in the provision of health insurance and life insurance, should such insurance be permitted by national legislation, which they should be providos in a reasonable and fair manner;

f) Prevends that it will deny, in a discriminatory manner, health or attention services to health or the administration of solid or liquid food by reason of disability.

Article 26

Habilitation and rehabilitation

1.The States Parties shall take effective and appropriate measures, including upon peer support, to enable persons with disabilities to gain and retain maximum autonomy and full physical, mental, social and professional capacity, and as full inclusion and participation in all aspects of life. For so much, States Parties will organize, strengthen and extend full habilitation and rehabilitation services and programs, particularly in the areas of health, employment, education and social services, so that these services and programs:

a) Start at the earliest possible stage and are based in multidisciplinary evaluation of each person's needs and strengths;

b) Apopiem participation and inclusion in the community and in all aspects of social life, are offered voluntarily and are available to persons with disabilities the closest possible from their communities, including in the rural area.

2.The States Parties shall promote the development of the initial and continuing capacity-building of professionals and teams acting in the habilitation and rehabilitation services.

3.The States Parties shall promote the availability, knowledge and use of assistive devices and technologies, designed for persons with disabilities and related to habilitation and rehabilitation.

Article 27

Work and employment

1.The States Parties recognize the right of persons with disabilities to work, on equal opportunities with the other persons. This right covers the right to the opportunity to keep up with a job of your free choice or acceptance in the labour market, in working environment that is open, inclusive and accessible to persons with disabilities. The States Parties shall safeguard and promote the realization of the right to work, including those who have acquired a disability in employment by adopting appropriate measures, included in the legislation, with the end of, among others:

a) Profiling disability-based discrimination with respect to all issues related to forms of employment, inclusive conditions of recruitment, hiring and admission, staying in employment, professional ascent and safe conditions and salubles of work;

b) Protect the rights of persons with disabilities, under conditions of equality with the other people, to the fair and favorable conditions of work, including equal opportunities and equal pay for work of equal value, safe and saluous conditions of work, in addition to redress of injustices and protection against harassment at work;

c) Ensure that people with disabilities can exercise their labor and union rights, on a level playing field with the rest of people;

d) Enabling people with disabilities to access effective technical and professional guidance programs and services of work placement and professional training and continued;

e) Promote job opportunities and professional ascent for people with disabilities in the labour market, as well as assistance in finding, obtaining and maintaining employment and in return to employment;

f) Promote opportunities of autonomous work, entrepreneurship, development of cooperatives and establishment of own business;

g) Employing people with disabilities in the public sector;

h) Promoting the employment of people with disabilities in the sector private, upon appropriate policies and measures, which will be able to include affirmative action programs, incentives and other measures;

i) Ensure that reasonable adaptations are made to people with disabilities in the workplace;

j) Promoting the acquisition of experience from work by people with disabilities in the open labour market;

k) Promoting occupational rehabilitation, maintenance of employment and work return programs for people with disabilities.

2.The States Parties shall ensure that persons with disabilities shall not be held in slavery or servitude and shall be protected, on equal terms with the other persons, against forced or compulsory labour.

Article 28

Life pattern and proper social protection

1.The States Parties recognize the right of persons with disabilities to an appropriate standard of living for themselves and their families, including adequate food, clothing and housing, as well as to the continuous improvement of their living conditions, and will take the necessary arrangements to safeguard and promote the realization of this right without discrimination based on disability.

2.The States Parties recognize the right of persons with disabilities to social protection and exercise of that right without discrimination based on disability, and shall take appropriate measures to safeguard and promote the realization of that right, such how to:

a) Ensure equal access of people with disability to basic sanitation services and ensure access to services, devices and other appropriate servicing for disability-related needs;

b) Ensuring access for persons with disabilities, particularly women, children and the elderly with disabilities, to social protection and poverty reduction programs;

c) Ensuring access of persons with disabilities and their families in poverty situation to state assistance in relation their spending occasioned by disability, including adequate training, counseling, financial aid and respite care;

d) Ensuring access for people with disabilities to public housing programs;

e) Ensure equal access of persons with disabilities to programs and retirement benefits.

Article 29

Participation in political and public life

States Parties will ensure people with disabilities rights politicians and the opportunity to exercise them on a level playing field with the rest of people, and should:

a) Ensure that people with disabilities can participate effectively and fully in political and public life, in equality of opportunity with the other people, directly or through freely chosen representatives, including the right and opportunity to vote and be voted upon, upon, among others:

i) Assurance that the procedures, facilities and materials and equipment for voting will be appropriate, accessible and easy to understand and use;

ii) Protection of the right of persons with disabilities to the secret ballot in elections and referendums, without intimidation, and to apply in the elections, effectively occupy elective positions and perform any public functions at all levels of government, using new assistive technologies, when appropriate;

iii) Guarantee of free expression of will of people with disabilities as voters and, for so much, whenever required and at your request, permission for them to be aided in voting by a person of your choice;

b) To actively promote an environment in which people with disabilities can participate effectively and fully in driving of the public issues, without discrimination and on equal opportunities with the other people, and encourage their participation in public issues, upon:

i) Participation in nongovernmental organizations related to the public and political life of the country, as well as in activities and administration of political parties;

ii) Training of organizations to represent persons with disabilities at international, regional, national and local levels, as well as the affiliation of persons with disabilities to such organizations.

Article 30

Participation in cultural life and in recreation, leisure and sport

1.The States Parties recognize the right of persons with disabilities to participate in cultural life, on equal opportunity with the other persons, and shall take all appropriate measures so that persons with disabilities can:

To) Have access to cultural goods in formats accessible;

b) Have access to programs of television, film, theatre and other cultural activities, in accessible formats; and

c) Having access to sites that offer services or cultural events, such as theatres, museums, cinemas, libraries and tourist services, as well as, as far as possible, having access to monuments and places of national cultural importance.

2.The States Parties shall take appropriate measures so that persons with disabilities have the opportunity to develop and use their creative, artistic and intellectual potential, not only for their own benefit, but also for the enrichment of the society.

3.The States Parties shall make all arrangements, in accordance with international law, to ensure that the intellectual property rights protection legislation does not constitute excessive or discriminatory barrier to access by people with disabilities to cultural assets.

4.People with disabilities will do jus, in equal opportunity with the other people, to have their specific cultural and linguistic identity recognized and supported, including sign languages and deaf culture.

5.In order for people with disabilities to participate, in equal opportunities with the other people, from recreational, sporting and leisure activities, States Parties will take appropriate measures to:

to) Encourage and promote the greatest possible participation of people with disabilities in the common sports activities at all levels;

b) Ensuring that people with disabilities have the opportunity to organize, develop and participate in specific sports and recreational activities to disabilities and, for so much, encouraging the provision of adequate instruction, training and resources, on equal opportunities with the rest of people;

c) Ensure that people with disabilities have access to sports, recreational and touristic event venues;

d) Ensuring that children with disabilities can, on equal terms with the other children, participate in games and recreational, sporting and leisure activities, including in the school system;

e) Ensure that persons with disabilities have access to the services provided by persons or entities involved in the organization of recreational, touristic, sports and leisure activities.

Article 31

Statistics and data collection

1.The States Parties shall collect appropriate, including statistical and research data, so that they may formulate and implement policies aimed at in practice of this Convention. The process of collection and maintenance of such data should:

( a) Watch the safeguards established by law, including by the laws regarding data protection, in order to ensure the confidentiality and respect for the privacy of persons with disabilities;

b) Observing internationally accepted norms to protect human rights, fundamental freedoms and ethical principles in the collection of data and use of statistics.

2.The information collected in accordance with the provisions of this Article shall be disaggregated, in an appropriate manner, and used to evaluate the compliance, by the States Parties, of their obligations in this Convention and to identify and face the barriers with which people with disabilities encounter themselves in the exercise of their rights.

3.The States Parties shall take responsibility for the dissemination of the said statistics and shall ensure that they are accessible to persons with disabilities and others.

Article 32

International cooperation

1.The States Parties recognize the importance of international cooperation and their promotion, in support of national efforts for the achievement of the purpose and objectives of this Convention and, under this respect, adopt appropriate and effective measures between states and, in an appropriate manner, in partnership with relevant international and regional organizations and with civil society and, in particular, with organizations of people with disabilities. These measures will be able to include, among others:

a) Ensure that international cooperation, including international development programs, are inclusive and accessible for people with disabilities;

b) Facilitate and support empowerment, including through exchange and sharing of information, experiences, training programs and best practices;

c) Facilitate cooperation in research and access to scientific and technical knowledge;

d) Propiciate, in an appropriate manner, technical and financial assistance, including by facilitating access to assistive and accessible technologies and their sharing, as well as by means of technology transfer.

2.The provisions of this Article shall apply without prejudice to the obligations that fit each State Party in depart of this Convention.

Article 33

Implementation and national monitoring

1.The States Parties, in accordance with their organizational system, shall designate one or more of a focal point within the Government for matters relating to the implementation of this Convention and shall give due consideration to the establishment or designation of a mechanism for coordination within the Government in order to facilitate correlates actions in the different sectors and levels.

2.The States Parties, in compliance with their legal and administrative systems, will maintain, strengthen, designate or establish structure, including one or more of an independent mechanism, in an appropriate manner, to promote, protect and monitor the implementation of this Convention. By designating or establishing such a mechanism, States Parties shall take into account the principles regarding the status and operation of national human rights protection and promotion institutions.

3.Civil society and, particularly, people with disabilities and their representative organizations will be involved and participate fully in the monitoring process.

Article 34

Committee on the Rights of Persons with Disabilities

1.A Committee on the Rights of Persons with Disabilities (henceforth called the "Committee") will be established, to perform the functions set out herein.

2.The Committee shall be constituted, when the entry into force of this Convention, of 12 experts. When this Convention achieves 60 ratifications or adhesions, the Committee shall be increased by six members, by pertaining the total of 18 members.

3.The members of the Committee shall act on a personal basis and shall present high moral posture, competence and recognized expertise in the field covered by this Convention. When designating its candidates, States Parties are urged to give due consideration to the provisions of Article 4.3 of this Convention.

4.The members of the Committee will be elected by the States Parties, observing an equestic geographical distribution, representation of different forms of civilization and the major legal systems, balanced gender representation and participation of experts with disabilities.

5.The members of the Committee will be elected by secret ballot in sessions of the Conference of States Parties, from a list of persons designated by the States Parties among their nationals. In these sessions, whose quorum will be two-thirds of the States Parties, the candidates elected to the Committee will be those who obtain the highest number of votes and an absolute majority of the votes of the representatives of the States Parties present and voting.

6.The first election shall be held no later than six months after the date of entry into force of this Convention. At least four months prior to each election, the Secretary-General of the United Nations shall address letter to the States Parties, inviting them to submit the names of their candidates within two months. The Secretary-General shall subsequently prepare list in alphabetical order of all the candidates submitted, indicating that they have been designated by the States Parties, and shall submit that list to the States Parties to this Convention.

7.The members of the Committee will be elected for four-year term, and may be candidates for re-election a single time. However, the term of office of six of the elected members in the first election shall expire after two years; immediately after the first election, the names of those six members shall be selected by draw by the President of the session referred to in paragraph 5 of this Article.

8.The election of the six additional members of the Committee will be held on the occasion of the regular elections, in accordance with the relevant provisions of this Article.

9.In the event of the death, resignation or affidavit of a member that, for some reason, shall not be able to continue to perform his duties, the State Party that has appointed him shall appoint a further expert who has the qualifications and satisfies the requirements established by the relevant devices of this Article, to complete the mandate in question.

10.The Committee will lay down its own rules of procedure.

11.The Secretary-General of the United Nations shall provide the necessary personnel and facilities for the effective performance of the functions of the Committee under this Convention and shall convene its first meeting.

12.With the approval of the General Assembly, the members of the Committee established under this Convention will receive emoluments from the resources of the United Nations, under terms and conditions that the Assembly may decide, with a view to the importance of the responsibilities of the Committee.

13.The members of the Committee shall be entitled to the privileges, facilities and immunities of the experts on United Nations missions, in accordance with the relevant provisions of the Convention on Privileges and Immunities of the United Nations.

Article 35

Reports of the States Parties

1.Each State Party, through the Secretary General of the United Nations, shall submit comprehensive report on the measures adopted in fulfillment of its obligations set forth by this Convention and on the progress achieved in that respect, within the period of two years after the entry into force of this Convention for the State Party concernnant.

2.After that, the States Parties shall submit subsequent reports, at least every four years, or when the Committee requests it.

3.The Committee shall determine the guidelines applicable to the content of the reports.

4.A State Party that has submitted to the Committee a comprehensive initial report will not need, in subsequent reports, to repeat information already presented. When drawing up the reports to the Committee, States Parties are urged to do so in a frank and transparent manner and to take the provisions of Article 4.3 of this Convention into consideration.

5.The reports will be able to point out the factors and difficulties that have affected the fulfillment of the obligations arising from this Convention.

Article 36

Consideration of the reports

1.The reports shall be considered by the Committee, which shall make the general suggestions and recommendations that it shall deem relevant and shall transmit them to the respective States Parties. The State Party shall be able to respond to the Committee with the information that it deems relevant. The Committee may ask for additional information to the States Parties concerning the implementation of this Convention.

2.Se a State Party delaying considerably the delivery of its report, the Committee may notify that State that it will examine the application of this Convention on the basis of reliable information it possesses, unless the due report is submitted by the State within the period of three months after the notification. The Committee will invite the State Party interested to participate in this examination. If the State Party respondeates by delivering its report, the provisions of paragraph 1 of this article shall apply.

3.The Secretary-General of the United Nations shall place the reports at the disposal of all States Parties.

4.The States Parties will make their reports widely available to the public in their countries and facilitate access to the possibility of suggestions and general recommendations regarding these reports.

5.The Committee shall transmit to the agencies, funds and specialized programs of the United Nations and to other competent organizations, in the manner that it judges appropriate, the reports of States Parties containing demands or indications of need to consulting or technical assistance, accompanied by any submissions and suggestions from the Committee in relation to the said demands or referrals, in order to be considered.

Article 37

Cooperation between the States Parties and the Committee

1.Each State Party shall cooperate with the Committee and assist its members in the performance of its mandate.

2.In its relations with the States Parties, the Committee shall give due consideration to the means and modes of enhancing the capacity of each State Party for the implementation of this Convention, including upon international cooperation.

Article 38

Committee relations with other organs

In order to promote the effective implementation of the present Convention and to encourage international cooperation in the sphere covered by this Convention:

a) The agencies specialized and other organs of the United Nations shall have the right to represent themselves when the consideration of the implementation of provisions of this Convention which disregarding their respective mandates. The Committee will be able to invite the specialized agencies and other competent bodies, second to appropriate, to offer expert advice on the implementation of the Convention in areas pertinent to their respective mandates. The Committee will be able to invite specialized agencies and other organs of the United Nations to submit reports on the implementation of the Convention in areas pertinent to their respective activities;

b) On the performance of its mandate, the Committee will consult, in a manner appropriate, other pertinent bodies instituted to the amparo of international human rights treaties, in order to ensure the consistency of their respective guidelines for the drafting of reports, suggestions and general recommendations and to avoid duplication and superposition in the performance of its functions.

Article 39

Committee Report

Every two years, the Committee will submit to the General Assembly and the Economic and Social Council a report of its activities and you will be able to make general suggestions and recommendations based on the examination of the reports and the information received from the States Parties. These suggestions and general recommendations will be included in the Committee's report, accompanied, if any, of comments from the States Parties.

Article 40

Conference of the States Parties

1.The States Parties shall meet regularly at Conference of the States Parties to consider matters concerning the implementation of this Convention.

2.The Secretary-General of the United Nations shall convene, within the period of six months after the entry into force of this Convention, the Conference of States Parties. Subsequent meetings shall be convened by the Secretary-General of the United Nations every two years or as per the decision of the Conference of States Parties.

Article 41

Depositary

The Secretary-General of the United Nations shall be the depositary of this Convention.

Article 42

Subscription

This Convention will be open to the signature of all states and regional integration organizations at the headquarters of Nations United in New York, as of March 30, 2007.

Article 43

Consent to commit

This Convention will be submitted to ratification by the states signatories and formal confirmation by signatory regional integration organizations. It will be open to the accession of any State or regional integration organization that has not been signed.

Article 44

Regional integration organizations

1. "Regional integration organization" will be understood as organization consisting of sovereign states of a particular region, to which its member states have delegated competence over matters covered by this Convention. These organizations will declare, in their formal confirmation documents or adherence, the scope of their competence in relation to the matter covered by this Convention. Subsequently, the organizations will inform the depositary of any substantial change in the scope of their competence.

2.References to "States Parties" in this Convention shall be applicable to such organizations, within the limits of the competence of these.

3.For the purposes of paragraph 1 of Article 45 and paragraphs 2 and 3 of Article 47, no instrument deposited by regional integration organization shall be computed.

4.Regional integration organizations, in matters of their competence, will be able to exercise the right to vote in the Conference of States Parties, having the right to the same number of votes as to the number of their member States that are Parties to the present Convention. These organizations will not exercise their right to vote, if any of their member states exercise their right to vote, and vice versa.

Article 45

Entry into force

1.The present 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 ratifies or formally confirms this Convention or to accede to it after the deposit of the said twentieth instrument, the Convention shall enter into force on the thirtieth day as of the date on which that state or organization has deposited its instrument of ratification, formal confirmation or accession.

Article 46

Reserves

1.Reservations incompatible with the object and purpose of this Convention shall not be permitted.

2.Bookings will be able to be withdrawn at any time.

Article 47

Emendas

1.Any State Party may propose amendments to this Convention and shall submit them to the Secretary-General of the United Nations. The Secretary-General shall communicate to the States Parties any proposed amendments, asking them to notify him if they are in favour of a Conference of States Parties to consider the proposals and make a decision regarding them. If, up to four months after the date of such communication, at least one third of the States Parties are in favour of such a Conference, the Secretary-General of the United Nations shall convene the Conference, under the auspices of the United Nations. Any amendment adopted by a majority of two-thirds of the States Parties present and voting shall be submitted by the Secretary-General to the approval of the General Assembly of the United Nations and subsequently to the acceptance of all States Parties.

2.Any amendment adopted and approved as per the provisions of paragraph 1 of this Article shall enter into force on the thirtieth day after the date on which the number of acceptance instruments has reached two-thirds of the number of States Parties on the date of adoption of the amendment. Thereafter, the amendment will enter into force for the entire State Party on the thirtieth day after the deposit by that State of its instrument of acceptance. The amendment shall be binding solely on the States Parties which have accepted it.

3.Se the Conference of States Parties thus to decide by consensus, any amendment adopted and approved in accordance with the provisions of paragraph 1 of this Article, relating exclusively to Articles 34, 38, 39 and 40, shall enter into force for all States Parties on the thirtieth day from the date on which the number of deposited acceptance instruments has reached two thirds of the number of States Parties on the date of adoption of the amendment.

Article 48

Denpronunciation

Any State Party may denounce this Convention by written notification to the Secretary General of the United Nations. The complaint shall become effective one year after the date of receipt of the notification by the Secretary-General.

Article 49

Formatos accessible

The text of this Convention will be put at the disposal in accessible formats.

Article 50

Authentic texts

The Arabic, Chinese, Spanish, French, English and Russian texts of this Convention will be equally authentic.

IN FÉ THAN THE PLENIPOTENTIARIES below signed, duly authorized for so much by their respective Governments, they have signed this Convention.

OPTIONAL PROTOCOL TO THE CONVENTION ON THE RIGHTS

OF PEOPLE WITH DISABILITIES

The States Parties to the present Protocol have agreed the following:

Article 1

1.Any State Party Part of this Protocol (?State Party?) recognizes the competence of the Committee on the Rights of Persons with Disabilities (?Committee?) to receive and consider communications submitted by persons or groups of persons, or on behalf of them, subject to their jurisdiction, claiming to be victims of violation of the provisions of the Convention by the said State Party.

2.The Committee shall not receive communication regarding any State Party which is not a signatory to this Protocol.

Article 2

The Committee will consider inadmissible communication when:

a) The communication is anonymous;

b) The communication constitutes abuse of the right to submit such communications or is incompatible with the provisions of the Convention;

c) The same matter has already been examined by the Committee or has been or is being examined under another investigative procedure or international resolution;

d) Have not been exhausted all internal resources available, save in the case where the plotting of these features extends unjustifiably, or is unlikely to get with them effective solution;

e) The communication is precariously substantiated or is not sufficiently substantiated; or

f) The facts that motivated the communication have occurred before the entry into force of this Protocol to the State Party in appreciation, save if the facts continued occurring after that date.

Article 3

Subject to the provisions of Article 2 of this Protocol, the Committee will lead confidentially to the knowledge of the State Party Concernent any communication submitted to the Committee. Within the period of six months, the concerned State shall submit to the Committee explanations or statements in writing, clarifying the matter and the eventual solution adopted by the said State.

Article 4

1.At any time after receiving a communication and before deciding the merit of that communication, the Committee will be able to convey to the State Party concernnant, for its urgent consideration, a request for the State Party to take the measures of nature cautionary that they are necessary to prevent possible irreparable damage to the victim or victims of the alleged violation.

2.The exercise by the Committee of its discretionary faculties by virtue of paragraph 1 of this Article shall not imply injury to any of the admissibility or on the merit of the communication.

Article 5

The Committee will hold closed sessions to examine communications to it submitted in accordance with this Protocol. After examining a communication, the Committee will send its suggestions and recommendations, if any, to the State Party concernnant and the applicant.

Article 6

1.Se receive reliable information indicating that a State Party is committing serious or systematic violation of rights set out in the Convention, the Committee will invite the said State Party to collaborate with the verification of the information and, to so much, to submit its observations regarding the information in tariff.

2.Taking into account any observations that have been submitted by the State Party Concernent, as well as any other reliable information in power of the Committee, this may designate one or more of its members to conduct research and present, in the character of urgency, report to the Committee. Should it be justified and the State Party the conspicuous, the investigation could include a visit to the territory of that State.

3.After examining the results of the investigation, the Committee will communicate them to the State Party Concernent, accompanied by any comments and recommendations.

4.Within the period of six months upon receipt of the results, comments and recommendations transmitted by the Committee, the State Party concerned shall submit its submissions to the Committee.

5.The said research will be carried out confidentially and the cooperation of the State Party will be requested at all stages of the process.

Article 7

1.The Committee may invite the State Party Party concerned to include in its report, submitted in accordance with the provisions of Article 35 of the Convention, details regarding the measures taken in consequence of the investigation carried out in accordance with o Article 6 of this Protocol.

2.Where necessary, the Committee may, terminate the six-month period referred to in paragraph 4 of Article 6, invite the State Party concerned to inform the Committee regarding the measures taken in consequence of the said investigation.

Article 8

Any State Party can, when of signature or ratification of this Protocol or of its accession to it, declare that it does not recognize the competence of the Committee, to which Articles 6 and 7 refer.

Article 9

The Secretary-General of the United Nations will be the depositary of the this Protocol.

Article 10

This Protocol will be open to the signing of the states and regional integration organizations signatories to the Convention, at the United Nations headquarters in New York, as of March 30, 2007.

Article 11

This Protocol will be subject to ratification by the states signatories to this Protocol that have ratified the Convention or acceded to it. It will be subject to formal confirmation by signatory regional integration organizations of this Protocol that have formally confirmed the Convention or acceded to it. The Protocol shall be open to the accession of any State or regional integration organization which has ratified or formally confirmed the Convention or acceded to it and which has not signed the Protocol.

Article 12

1.?Organization of regional integration? shall be understood as an organisation consisting of sovereign states of a particular region, to which its member States have delegated competence over matter covered by the Convention and the present Protocol. These organizations will declare, in their formal confirmation documents or accession, the scope of their competence in relation to the matter covered by the Convention and the present Protocol. Subsequently, the organizations will inform the depositary of any substantial change in the scope of their competence.

2.The references to?States Parties? in this Protocol shall be applicable to such organizations, within the limits of the competence of such organizations.

3.For the purposes of paragraph 1 of Article 13 and paragraph 2 of Article 15, no instrument deposited by regional integration organization shall be computed.

4.Regional integration organizations, in matters of their competence, will be able to exercise the right to vote in the Conference of States Parties, having the right to the same number of votes as their member States that are Parties to this Protocol. These organizations will not exercise their right to vote if any of their member states exercise their right to vote, and vice versa.

Article 13

1.Sujeito to the entry into force of the Convention, the present Protocol will 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 ratifies or formally confirms the present Protocol or accede to it after the deposit of the tenth instrument of that nature, the Protocol shall enter into force on the thirtieth day as of the date in which such State or organization has deposited its instrument of ratification, formal confirmation or accession.

Article 14

1.Reservations incompatible with the object and purpose of this Protocol shall not be permitted.

2.Bookings will be able to be withdrawn at any time.

Article 15

1.Any State Party shall be able to propose amendments to this Protocol and submit them to the Secretary-General of the United Nations. The Secretary-General shall communicate to the States Parties any proposed amendments, asking them to notify him if they are in favour of a Conference of States Parties to consider the proposals and make a decision regarding them. If, up to four months after the date of such communication, at least one third of the States Parties are in favour of such a Conference, the Secretary-General of the United Nations shall convene the Conference, under the auspices of the United Nations. Any amendment adopted by a majority of two-thirds of the States Parties present and voting shall be submitted by the Secretary-General to the approval of the General Assembly of the United Nations and subsequently to the acceptance of all States Parties.

2.Any amendment adopted and approved as per the provisions of paragraph 1 of this Article shall enter into force on the thirtieth day after the date on which the number of acceptance instruments has reached two-thirds of the number of States Parties on the date of adoption of the amendment. Thereafter, the amendment will enter into force for the entire State Party on the thirtieth day after the deposit by that State of its instrument of acceptance. The amendment shall be binding solely on the States Parties which have accepted it.

Article 16

Any State Party may denounce this Protocol upon written notification to the Secretary-General of the United Nations. The complaint shall become effective one year after the date of receipt of the notification by the Secretary-General.

Article 17

The text of this Protocol will be put at the disposal in accessible formats.

Article 18

The texts in Arabic, Chinese, Spanish, French, English and Russian and of this Protocol shall be equally authentic.

IN FÉ THAN THE PLENIPOTENTIARIES below signed, duly authorized for so much by their respective governments, they have signed the present Protocol.