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Legislative Decree No. 186, 09 July 2008

Original Language Title: Decreto Legislativo nº 186, de 09 de julho de 2008

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I get to know that Congress National approved, and I, Garibaldi Alves Filho, President of the Federal Senate, as per the provisions of the art. 5º, § 3º, of the Federal Constitution and in the terms of art. 48, inciso XXVIII, of the Internal Rules, promulgated the following

LEGISLATIVE DECREE

No. 186, DE 2008 (*)

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

The National Congress decrees:

Art. 1º Stay approved, pursuant to § 3º of the art. 5º of the Federal Constitution, the text of the Convention on the Rights of Persons with Disabilities and of its Optional Protocol, signed in New York, on March 30, 2007.

Paragraph single. They shall be subject to the approval of the National Congress any acts amending the said Convention and its Optional Protocol, as well as any other supplementary adjustments which, in the terms of the inciso I of the art caput. 49 of the Federal Constitution, carries charges or gravy commitments to the national heritage.

Art. 2º This Legislative Decree goes into effect on the date of its publication.

Federal Senate, on July 9, 2008.

Senator Garibaldi Alves Filho

President of the Federal Senate

CONVENTION ON THE PEOPLE ' S RIGHTS

WITH DEFICIENCY

Preamble

The States Parties to the present Convention,

a) Relembrating the principles enshrined in the Charter of the United Nations, which recognize the inherent dignity and value and the 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 Human Rights and in the International Pactos on Human Rights, proclaimed and agreed that every person makes jus to all rights and freedoms there established, without distinction from any species,

c) reaffirming the universality, indivisibility, interdependence and the interconnected 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, Social and Cultural Rights, the International Covenant of Rights Civilians and Politics, 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 Treatment or Penas Cruel, Inhuman or Degrading Cruel, 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 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 society on equal opportunity with the rest of people,

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

g) Ressaling the importance of bringing issues concerning disability to the centre 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 the dignity and the inherent value of the human being,

i) Recognizing yet the diversity of the people with disabilities,

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

k) Concerned with the fact that, notwithstanding these diverse instruments and commitments, 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 the people with disabilities to the common well-being and diversity of their communities, and that the promotion of full exercise, by people with disabilities, of their human rights and fundamental freedoms and of their full participation in society will result in the strengthening its sense of belonging to society and in the significant advancement of the 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) Considering that people with disability 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, color, sex, language, religion, political opinions or other nature, 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 disability should fully enjoy all human rights and fundamental freedoms on equal opportunities with the other children and recalling the obligations assumed to this 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 persons with disabilities,

t) stressing the fact that most people with disabilities live in conditions of poverty and, in this sense, recognizing the critical need to deal with the impact negative from poverty on persons 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 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 the accessibility to physical, social, economic and cultural backgrounds, 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 the community to which belongs and that it 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 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 needed to make families able to contribute to the full and equestic exercise 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 correct the profound social disadvantages of persons with disabilities and to promote their participation in economic, social and cultural life, in equal opportunities, both in the developing countries as in the developed,

Acorns the following:

Article 1

Purpose

The purpose of the 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 physical, mental nature, intellectual or sensory, which, in interaction with diverse barriers, can obstruct their full and effective participation in society in equal conditions with the rest of people.

Article 2

Definitions

For the purposes of this Convention:

"Communication" covers languages, the view 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 modes, means and formats, and increased and alternative of communication, inclusive of accessible information and communication technology;

"Tongue" covers spoken and sign languages and other forms of non-spoken communication;

"Discrimination by reason of disability" means any differentiation, exclusion or restriction based on disability, with the purpose or effect of preventing or preventing recognition, enjoy, or exercise, in equal opportunities with the other people, of all human rights and fundamental freedoms in the political, economic, social, cultural, 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, in order to ensuring that persons with disabilities can enjoy or exercise, on equal opportunity with the other persons, all human rights and fundamental freedoms;

"Universal design" means the design of products, environments, programs, and services to be used, in the largest measure 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 this Convention are:

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

b) A non-discrimination;

c) A full and effective participation and inclusion in the society;

d) The respect for the difference and the acceptance of people with disabilities as part of human diversity and the 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 measures, administrative and of any other nature, necessary for the realization of the rights recognized in this Convention;

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

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

d) Abster themselves from participating in any act or practice incompatible with this Convention and shall ensure that the 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 enterprise;

f) Realize or promote the research and development of products, services, equipment and facilities with universal design, as defined in Article 2 of this Convention, which require the minimum possible adaptation and the cost of which is as minimal as possible, intended to meet the specific needs of persons with disabilities, the promote its availability and its use and promote universal design when drafting 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, aids techniques for locomotion, devices and assistive technologies, suitable for persons with disabilities, giving priority to affordable cost technologies;

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

i) Promoting a empowerment in relation to the 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 to be 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, therefore, will take measures to assure women and girls with disabilities the full and equal exercise of all human rights 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 children with disabilities the full exercise of all human rights and fundamental freedoms, on equal opportunities with the remaining 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, on equal opportunities with the other children, and receive appropriate care for their disability and age, so that they can exercise such right.

Article 8

Conscientization

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

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

b) Combat stereotypes, prejudices and harmful practices towards people with disabilities, inclusive of those related to sex and age, in all areas of life;

c) Promoting awareness of the capabilities and contributions of people with disabilities.

2. The 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 persons with disabilities;

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

III) Promoting the recognition of the skills, merits and abilities 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 media bodies to depict people with disabilities in a manner compatible with the purpose of this Convention;

d) Promoting programmes of training on raising awareness about people with disabilities and on the rights of persons with disabilities.

Article 9

Accessibility

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 workplace;

b) Information, communications and other services, including electronic services and services of emergency;

2. The States Parties shall also take appropriate measures for:

a) Developing, promulgating 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 offering facilities and services open to the public or public use will take into account all aspects regarding accessibility for persons with disabilities;

c) Provide, to all the actors involved, to be trained in relation to the accessibility issues with which people with disabilities confront each other;

d) Donate 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 mediators' services, including guides, leaches and interpreters practitioners of the sign language, to facilitate access to buildings and other facilities open to the public or public use;

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

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

h) Promoting, from the initial stage, to design, development, production and the spread of information and communication systems and technologies, 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 the necessary measures to ensure the effective exercise of this right by persons with disabilities, on equal opportunities with the other persons.

Article 11

Risk situations and humanitarian emergencies

In compliance with its obligations arising from the law 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

Acknowledgement equal to 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 remaining 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 proportional to the degree to which such measures affect the rights and interests of the people.

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 persons 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 will promote appropriate empowerment of those who work in the area of administration of justice, including the police and system officials penitentiary.

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 illegal or arbitrarily deprived of their liberty and that all deprivation of liberty is in compliance with the law, and that the existence of disability does not justifies deprivation of liberty;

2. States Parties shall ensure that, if persons with disability are deprived of liberty by some process, they, in equal opportunity with the other persons, make jus to guarantees in accordance with international human rights law and are treated in compliance 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 treatments or penalties cruel, inhuman, or degrading.

Article 16

Prevention against exploitation, violence, or 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 shall 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 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, wellbeing, 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, adjudicated.

Article 17

Protection of person's integrity

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

Article 18

Freedom of movement and nationality

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

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) No are private, because of their disability, the competence to obtain, possess and use document proving their nationality or other identity document, or to resort to relevant processes, such as procedures concerning immigration, that are necessary to facilitate the exercise of their right to freedom of movement.

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

d) Do not be deprived, 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 life and inclusion in the community

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

a) People with disabilities can choose their place of residence and where and with whom they live, on equal basis opportunities with the rest of people, and who are not required to live in a particular 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) The community's services and facilities for the general population are available to persons with disabilities, on equal opportunities, and meet your needs.

Article 20

Social mobility

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

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

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

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

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

Article 21

Freedom of expression and of opinion and access information.

The States Parties shall take all appropriate measures to ensure that persons with disabilities can exercise your right to freedom of expression and opinion, including to the freedom to seek, receive and share information and ideas, on equal opportunities with the other people and through all forms of communication of your choice, as laid down in Article 2 of this Convention, among which:

a) Provide, promptly and at no additional cost, to persons with disabilities all information intended for the general public, in accessible formats and technologies appropriate to the different types of disability;

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

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

e) Recognize 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 attacks illicit to their honour 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

Respect for the home and the 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 age of contracting marriage, of getting married and establishing family, based on the free and full consent of the suitors;

b) Sejam recognized the rights of persons with disabilities to decide free and responsibly about the number of children and spacing between these children and to have access to appropriate 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. States Parties shall ensure the rights and responsibilities of persons with disabilities, relative to the guard, custody, curate, 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 separation is necessary, in the superior interest of the child. In no case, a child will be separated from the parents on a disability claim from the child or from one or both parents.

5. The States Parties, in the case where the immediate family of a disabled child has no conditions of caring for the child, will make every effort for alternative care to be offered by other relatives and, if this is not possible, within of 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 beyond 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, as well as their physical and intellectual abilities;

c) Effective participation of persons with disabilities in a free society.

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

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

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

c) reasonable adaptations according to individual needs are provided;

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

e) individualized and effective support measures are adopted in environments that maximize academic development and social, 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 shall take appropriate measures, including:

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

b) Facilitation of sign language learning and promotion of the deaf community's linguistics identity;

c) Warranty that the education of people, in particular blind children, surlechy and deaf, be taught in languages and modes and means of communication most appropriate to the individual and in environments that favour to the fullest 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. The States Parties shall ensure that persons with disabilities may have access to higher education in general, professional training according to their vocation, adult education and continuing education, without discrimination and on equal basis conditions. 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 state of health highest 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, States Parties:

a) Offer to persons with disabilities programmes and pay attention to free health or 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 general population;

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

c) Propicite these health services to people with disabilities, as close as possible to their communities, including in the rural area;

d) Exigs from health professionals who dispense with people with disabilities the same quality of services dispensed to the remaining persons and primarily that they obtain the free and enlightened consent of persons with a disability concernnst. 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;

and) Probred discrimination against people with disability in the provision of health insurance and life insurance, should such insurance be permitted by national legislation, which should be providable in a reasonable and fair manner;

f) Prevenerate that neg, in a discriminatory manner, health services or attention to health or 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 on multidisciplinary evaluation of the needs and strengths of each person;

b) Apovem to participation and inclusion in community and in all aspects of social life, are offered voluntarily and are available to people with disabilities as close as possible to their communities, including in the rural area.

2. The States Parties shall promote the development of the initial and continual empowerment 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 the forms of employment, inclusive conditions of recruitment, hiring and admission, staying in employment, professional ascent and safe and saluous conditions of work;

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

c) Ensuring that people with disabilities can exercise their labor and union rights, in equality conditions with the rest of people;

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

e) Promoting job opportunities and professional ascent for people with disabilities in the labour market, as well as assistance in the search, obtaining and maintenance of the employment and the resume to employment;

f) Promoting self-employment opportunities, 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 disability in the private sector, upon appropriate policies and measures, which will be able to include affirmative action programs, incentives and other measures;

i) Ensuring that reasonable adaptations are made for people with disabilities in the workplace;

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

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

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

Article 28

Default life and social protection

States Parties recognize the right of persons with disabilities to a suitable standard of living for themselves and their families, including food, clothing and housing appropriate, as well as 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.

The States Parties recognize the right of persons with disabilities to social percutition and exercise of that right without discrimination based on disability, and will take appropriate measures to safeguard and promote the realization of this right, such as:

a) Ensure equal access of persons with disabilities to basic sanitation services and ensure access to the services, devices and other appropriate atendiments for the needs related to disability;

b) Ensuring access for people with disability, particularly women, children and elderly with disabilities, to social protection and poverty alleviation programs;

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

d) Ensuring the access of persons 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

The States Parties will ensure people with disabilities political rights and opportunity to exercise them under conditions of equality with the other people, and should:

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

I) Warranty 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 posts and perform any public functions at all levels of government, using new assistive technologies, when appropriate;

III) Assurance of free expression of will of persons with disabilities as voters and, for so much, whenever necessary and at their request, permission for them are aided in voting by a person of their choice;

b) actively Promote a environment in which people with disabilities can participate effectively and fully in the conduct of public issues, without discrimination and on equal opportunities with the other people, and encourage their participation in public issues, by:

I) Participation in non-government organizations related to life public and political 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:

a) Have access to cultural goods in accessible formats;

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

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

2. States Parties will take appropriate measures so that persons with disabilities have the opportunity to develop and utilize their creative, artistic potential and intellectual, not only in the benefit of their own, but also for the enrichment of 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, on equal opportunities 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:

a) Encouraging and promoting the greatest possible participation of people with disabilities in the common sports activities on all levels;

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

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

d) Ensuring that children with disabilities can, on equal basis conditions with the remaining 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 activities, sportsmanlike and leisure.

Article 31

Statistics and data collection

1. The States Parties shall collect appropriate, including statistical and research data, so that they can formulate and implement policies aimed at by practicing the present Convention. The process of collection and maintenance of such data should:

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

b) Observing internationally accepted norms to protect human rights, fundamental freedoms and the 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 assess compliance, on the part of States Parties, of their obligations in this Convention and to identify and face the barriers with which persons with disabilities encounter 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, be inclusive and accessible for people with disabilities;

b) Facilitating and supporting empowerment, including through the exchange and sharing of information, experiences, training programs and best practices;

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

d) Propiciate, in an appropriate manner, technical and financial assistance, inclusive upon facilitation of 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 to the benefit of this Convention.

Article 33

Implementation and monitoring national

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 coordinating mechanism 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. In designating or establishing such a mechanism, States Parties shall take into account the principles regarding the status and functioning of national human rights protection and promotion institutions.

3. Civil society and, particularly, persons 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 in six members, by perdoing 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. In 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 set out 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 concerning.

2. After that, the States Parties will 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. In 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 will be able to ask for additional information to the States Parties concerning the implementation of this Convention.

2. If a State Party considerably delays 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 that it possesses, unless the report due is presented 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 respondates 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 shall 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 that they may 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 this Convention and to encourage international cooperation in the sphere covered by this Convention:

a) The specialized agencies and other organs of the United Nations will have the right to make themselves represent when of the consideration of the implementation of provisions of this Convention that 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) In the performance of its mandate, the Committee will consult, in an appropriate manner, 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 their functions.

Article 39

Report of the Committee

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

Article 40

Conference of States Parts

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. The 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

The present Convention will be open to the signing of all states and regional integration organizations at the United Nations headquarters in New York, starting from March 30, 2007.

Article 43

Consent in commit

This Convention shall 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 there is no signed.

Article 44

Integration Organizations regional

1. "Organization of regional integration" shall be understood as an 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 matter covered by this Convention. Subsequently, the organizations will inform the depositary of any substantial change within the scope of their competence.

2. References to "States Parties" in this Convention shall be applicable to such organizations, at 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 at 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 this 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 adherence.

Article 46

Reserves

1. No reservations incompatible with the object and purpose of this Convention shall 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 the States Pastes.

2. Any amendment adopted and approved as per the provisions of paragraph I 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 that have accepted it.

3. If the Conference of States Parties so shall 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 the States Parties on the thirtieth day as of 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 Part may denounce this Convention by giving written notice 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

Accessible formats

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

Article 50

Authentic Texts

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

IN FÉ DO WHY the undersigned plenipotentiaries, duly authorized for so much by their respective Governments, have signed this Convention.

OPTIONAL PROTOCOL TO THE CONVENTION ON OS

RIGHTS OF PEOPLE WITH DISABILITIES

The States Parties to the present Protocol have agreed on 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 will receive no communication regarding any State Party which is not a signatory to this Protocol.

Article 2

The Committee will consider inadmissible the 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 available internal resources, save in the case where the plotting of these resources extends unreasonably, or is unlikely to be 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 prior to the entry into force of this Protocol to the State Party under consideration, save if the facts continued occurring after that date.

Article 3

Subject to the provisions of Article 2 of this Protocol, the Committee will confidentially lead to the knowledge of the State Party concernin 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, forgetting 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 were 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 either on 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 concernng and the applicant.

Article 6

1. If you receive reliable information indicating that a State Party is committing serious or systematic violation of rights set forth in the Convention, the Committee will invite the said State Party to collaborate with the verification of the information and, for so much, the submit your 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 Part 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 concerned, accompanied by any comments and recommendations.

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

5. The said investigation 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 may, when the signature or ratification of the present Protocol or its accession to it, declare that it does not recognize the competence of the Committee, to which refer to Articles 6 and 7.

Article 9

The Secretary-General of the United Nations shall be the depositary of 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, from 30 from March 2007.

Article 11

This Protocol will be subject to ratification by the signatory States of 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 that has ratified or formally confirmed the Convention or acceded to it and that it has not signed the Protocol.

Article 12

1. "Organization of regional integration" shall be understood as an organization 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 alteration in the range of their competence.

2. 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. 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 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 where that state or organization has deposited its instrument of ratification, formal confirmation or accession.

Article 14

1. No reservations incompatible with the object and purpose of this Protocol shall 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 will be binding only to the States Parties that have accepted it.

Article 16

Any State Party may denounce this Protocol by written notice 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 shall be put at the disposal in accessible formats.

Article 18

The texts in Arabic, Chinese, Spanish, French, English and Russian and of the present Protocol will be equally authentic.

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

REPUBLICATION

I do know that the National Congress has approved, and I, Garibaldi Alves Filho, President of the Federal Senate, as per the provisions of the art. 5º, § 3º, of the Federal Constitution and in the terms of art. 48, inciso XXVIII, of the Internal Rules, promulgated the following

LEGISLATIVE DECREE

No. 186, DE 2008 (*)

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

The National Congress decrees:

Art. 1º Stay approved, pursuant to § 3º of the art. 5º of the Federal Constitution, the text of the Convention on the Rights of Persons with Disabilities and of its Optional Protocol, signed in New York, on March 30, 2007.

Paragraph single. They shall be subject to the approval of the National Congress any acts amending the said Convention and its Optional Protocol, as well as any other supplementary adjustments which, in the terms of the inciso I of the art caput. 49 of the Federal Constitution, carries charges or gravy commitments to the national heritage.

Art. 2º This Legislative Decree goes into effect on the date of its publication.

Federal Senate, on July 9, 2008.

Senator Garibaldi Alves Filho

President of the Federal Senate

CONVENTION ON THE RIGHTS OF PEOPLE

WITH DEFICIENCY

Preamble

The States Parties to this Convention,

a) Relembrating the principles enshrined in the Charter of the United Nations, which recognize the inherent dignity and value and equal rights and inalienable 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 Human Rights and in 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) Restating the universality, indivisibility, interdependence and inter-relation of all human rights and fundamental freedoms, as well as the need to ensure that all persons with disabilities will exercise them fully, without discrimination,

d) Relembrating the International Covenant of Economic, 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 Treatment or Punishment, Desumanos or Degradants, 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 disability is an evolving concept and that disability results of 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 society on equal opportunity with the rest of people,

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

g) Ressaling the importance of bringing disability issues to the heart of society's concerns as an integral part of the relevant strategies of sustainable development,

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

i) Acknowledging still the diversity of people with disabilities,

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

k) Preoccupied with the fact that, notwithstanding these diverse instruments and commitments, people with disabilities continue to face barriers against their participation as equal members of society and violations of your 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 disability to the 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 its sense of belonging to society and in the significant advancement of the human, social and economic development of society, as well as in eradicating poverty,

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

o) Considering that persons with disabilities should be given the opportunity to actively participate in decisions concerning programs and policies, including those concerning them directly,

p) Preoccupied with the difficult situations faced by people with disabilities who are subject to multiple or aggravated forms of discrimination because of race, color, 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 frequently 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 the 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 gender perspective to efforts to to promote the full exercise of human rights and fundamental freedoms by persons with disabilities,

t) Saliretiring the fact that most people with disabilities live in conditions of poverty and, in this sense, recognizing the need criticism of dealing 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 observance of human rights instruments are indispensable for the full protection of people with disabilities, particularly during armed conflicts and foreign occupation,

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

w) Conscient that the person has duties to other people and to the community to which he belongs and who therefore has the responsibility of striving 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 society and has the right to receive the protection of society and the state and of that persons with disabilities and their family members should receive the necessary protection and assistance to make families able to contribute to the full and equesetic exercise of the rights of persons with disabilities,

y) Convinced that a general and integral international convention to promote and protecting the rights and dignity of persons with disabilities will make significant contribution to correct the profound social disadvantages of persons with disabilities and to promote their participation in economic, social and cultural life, in equality of opportunity, both in developing and developed countries,

Agreed the following:

Article 1

Purpose

The purpose of this Convention is to promote, protect and secure the exercise full and eequitative of all human rights and fundamental freedoms by all persons with disabilities and 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 multiple barriers, can obstruct your full and effective participation in society on equal conditions with the rest of people.

Article 2

Definitions

For the purposes of this Convention:

"Communication" covers languages, the visualization of texts, the braille, the tactile communication, the enlarged characters, the accessible multimedia devices as well as the simple, written and oral language, the auditory systems and the digitized voice and the modes, means and augmentative and alternative formats of communication, inclusive of information technology and accessible 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 restriction based on disability, with the purpose or effect of preventing or preventing recognition, enjoy, or exercise, in equality of opportunity with the other people, of all human rights and fundamental freedoms in the political, economic, social, cultural, 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, in order to ensure that persons with disabilities can enjoy or exercise, on equal opportunity with the rest of 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, without need for adaptation or specific project. The "universal design" will not exclude technical aids for

specific groups of people with impairments, when required.

Article 3

General principles

The principles of this Convention are:

a) 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) A full and effective participation and inclusion in society;

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

e) The equality of opportunities;

f) The accessibility;

g) The equality between man and woman;

h) The respect for the development of the abilities of children with disabilities and 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 prevailing laws, regulations, customs, and practices, which constitute discrimination against persons with disabilities;

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

d) Abster to participate in any act or practice incompatible with this Convention and to ensure that public authorities and institutions act on compliance with this Convention;

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

f) Realize or promote the research and development of products, services, equipment, and installations with universal design, as defined in the Article 2 of this Convention, which require the minimum possible adaptation and the cost of which is as minimal as possible, intended to meet the specific needs of persons with disabilities,

to promote its availability and its use and to promote universal design when elaboration of norms 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 affordable cost technologies;

h) Propiciate accessible information for persons with disabilities regarding technical aids for locomotion, 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 the rights recognized by this Convention of the professionals and teams working with people 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 o

full exercise of these rights, without prejudice to the obligations contained in the present 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 people with

disability, 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 from any of the human rights and fundamental freedoms recognized or prevailing in any State Party of this Convention, in accordance with laws, conventions, regulations or customs, under the claim that

This Convention does not recognize such rights and freedoms or that 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 to be 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 humans 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 children with disabilities the full exercise of all human rights and fundamental freedoms, on equal opportunities with the remaining 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, on equal opportunities with the other children, and receive appropriate care for their disability and age, so that they can exercise such right.

Article 8

Conscientization

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

a) Conscientize the whole society, including families, on the conditions of persons with disabilities and foster respect for the rights and dignity of persons with disabilities;

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

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

2. The measures for this purpose include:

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

I) Favoring receptive attitude towards the rights of persons with disabilities;

II) Promote positive perception and greater social awareness towards people with disabilities;

III) Promoting the recognition of the skills, merits and capabilities of people with disabilities and their contribution to the workplace and the labour market;

b) Fostering at all levels of the system educational, including in them all children from an early age, an attitude of respect towards the rights of persons with disabilities;

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

d) Promoting awareness training programs about people's respect with disabilities and on the rights of persons with disabilities.

Article 9

Accessibility

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, the transportation, the information and

communication, including to information and communication systems and technologies, as well as to other services and facilities open to the public or public use, both in the zone urban 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 transportation, and other internal and external facilities, inclusive schools, residences, medical facilities and location of work;

b) Information, communications and other services, inclusive electronic services and emergency services;

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

a) To 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 of public use take into account all aspects regarding accessibility for persons with disabilities;

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

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

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

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

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

h) Promote, from the initial phase, to conception, development, production and the spread of information and communication systems and technologies, 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 that right by persons with disabilities, on equal opportunity with the remaining persons.

Article 11

Situations of risk and humanitarian emergencies

In compliance with its obligations arising from international law, inclusive of international humanitarian law and international law of the human rights, 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

Acknowledgement 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 proportional to 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 persons 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 will promote appropriate empowerment of those who work in the area of administration of justice, including the police and system officials penitentiary.

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 privately illegal or arbitrarily of their liberty and that all deprivation of liberty is in compliance with the law, and that the existence of disability does not justify 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

be treated in compliance with the goals and principles of the present 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 shall 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 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, wellbeing, 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, adjudicated.

Article 17

Protection of person's integrity

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

Article 18

Freedom of movement and nationality

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

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

b) Do not be private, because of your disability, the competence of obtaining, possessing and using document proving 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 their right to freedom of movement.

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

d) Are not private, arbitrarily or because of their disability, of the right to enter the own country.

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

Life independent and inclusion in the community

The States Parties to this Convention recognize the equal right of all persons with disabilities to live in the community, with the same freedom of choice that too many people, and will take effective and appropriate measures to make it easier for people with disabilities

the full enjoyment of this right and its full inclusion and participation in the community, including ensuring that:

a) People with disabilities can choose their place of residence and where and with whom to live, on equal opportunities with the other people, and who are not required to live in a particular type of housing;

b) People with disabilities have access to a variety of support services at home or in residential institutions or other services community support, inclusive of personal attendant services that are required 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) The 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

States Parties will take effective measures to assure people with disability your personal mobility with maximum independence possible:

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

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

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

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

Article 21

Freedom of expression and of opinion and access to information

The States Parties will take all appropriate measures to ensure that people with disability can 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 people and through 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 accessible formats and technologies appropriate to the different types of disability;

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

c) Urgir the private entities that offer services to the general public, including through 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) Recognizing and promoting the use of sign languages.

Article 22

Respect 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 interferences 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

Respect for the home and the 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 disability, in age to contract marriage, to marry and establish 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 on the number of children and spacing between these children and to have access to adequate information at age and education in breeding and from

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 a

separation is required, in the superior interest of the child. In no case, a child will be separated from the parents on a disability claim from the child or from one or both 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, as well as their physical abilities and intellectuals;

c) Effective participation of persons with disabilities in a free society.

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

a) People 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 school or secondary school education, under disability claim;

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

c) reasonable adaptations according to individual needs are provided;

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

e) Measures of individualized and effective support are adopted in environments that maximize both academic and social development, according to 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, States Parties will take appropriate measures, including:

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

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

c) Warranty that the education of people, in particular blind children, surlecturers and deaf people, is taught in the languages and modes and means of communication most appropriate to the individual and in environments that favour to 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 teaching. 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

The States Parties recognize that persons with disabilities have the right to enjoy the highest possible state of health, 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 the persons with disability 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) Propiciate health services that people with Disability specifically need because of their disability, inclusive diagnosis and early intervention, as well as services designed to reduce to the maximum and prevent additional disabilities,

inclusive among children and seniors;

c) Propicite these health services to people with disabilities, as close as possible to their communities, including in the rural area;

d) Exigwill from the health professionals who dispense with people with disabilities the same quality of services dispensed to the other people and, primarily, who obtain the free and enlightened consent of persons with a disability concernnst. 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) Proibou to discrimination against persons with disabilities in the provision of health insurance and life insurance, should such insurances be permitted by national legislation, which should be provided in a reasonable and fair manner;

f) Prevenerate that neg, in a discriminatory manner, the health services or attention to the health or the administration of solid or liquid food or liquids 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 on evaluation multidisciplinary of the needs and strengths of each person;

b) Support participation and inclusion in the community and in all aspects of social life, be offered voluntarily and are available to people with disabilities as close to their communities as possible, including in the rural area.

2. The States Parties will 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 market

labour, 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 working salubles;

( b) Protecting the rights of persons with disabilities, under conditions of equality with the other persons, to the fair and favorable conditions of work, including equal opportunities and equal pay for work of equal value, safe and salubrious conditions

work, in addition to redress of injustices and protection against harassment at work;

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

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

e) Promoting job opportunities and professional ascent for people with disabilities in the labour market, as well as assistance in search, getting and maintenance of employment and the return to employment;

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

g) Employing people with disabilities in the public sector;

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

i) Ensuring that adaptations reasonable to be made for people with disabilities in the workplace;

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

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

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

Article 28

Default life and 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 persons with disabilities to services of sanitation and ensuring access to services, devices, and other appropriate servicing for disability-related needs;

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

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

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

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

Article 29

Participation in political and public life

The States Parties will ensure people with disabilities political rights and opportunity to exercise them on a level playing field with the other people, and should:

a) Ensure that people with disabilities can participate effective and fully in the political and public life, on equal opportunities with the other persons, directly or through freely chosen representatives, including the right and opportunity to vote and be voted upon, upon, among other:

I) Warranty 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 the levels of government, using new assistive technologies, when appropriate;

III) Warranty of free expression of will of persons with disabilities as voters and, for so much, whenever necessary and at their request, permission for them to be aided in voting by a person of their choice;

b) actively promote an environment in which people with disabilities can participate effectively and fully in the conduct of 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 public life and politics 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 accessible formats;

b) Having access to television programs, cinema, theatre and other activities cultural, in accessible formats; and

c) Have access to locations 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, on equal opportunities 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:

( a) Encouraging and promoting the greatest possible participation of people with disabilities in the common sports activities at all levels;

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

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

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

Article 31

Statistics and collection of data

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

b) Observing internationally accepted norms to protect human rights, the 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 its promotion, in support of national efforts for the achievement of the purpose and objectives of this Convention and, under this respect, adopt appropriate measures and effective among States and, in a proper manner, in partnership with relevant international and regional organizations and with civil society and, in particular, with organizations of persons with disabilities.

These measures will be able to include, among others:

to) Ensure that international cooperation, including international programs of development, be inclusive and accessible for people with disabilities;

b) Facilitate and support empowerment, including through the 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 transferring technologies.

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

Article 33

Implementation and monitoring national

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 coordinating mechanism 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. In designating or establishing such a mechanism, States Parties shall take into account the principles regarding the status and functioning of national human rights protection and promotion institutions.

3. Civil society and, particularly, persons 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 roles set forth 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 perdoing 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. In 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 main legal systems, balanced representation of gender 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 pertinent 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 in missions of the United Nations 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 Part concerning.

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

3. The Committee will 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. In 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 will be able to ask for additional information to the States Parties, concerning the implementation of this Convention.

2. If a State Party considerably delays 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 that it possesses, unless the report due is presented

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 respondates 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 shall 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 that they may be considered.

Article 37

Cooperation between the States Parties and the Committee

1. Each State Party will cooperate with the Committee and assist its members in the performance of their 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 this Convention and to encourage international cooperation in the sphere covered by this Convention:

a) The specialized agencies and other organs of the United Nations will have the right to represent itself when the consideration of the implementation of provisions of this Convention that disregarding their respective mandates. The Committee will be able to invite

the specialized agencies and other competent bodies, second judging 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) In the performance of its mandate, the Committee will consult, in an appropriate manner, other organs pertinent instituted to the amparo of international human rights treaties, in order to ensure consistency of their respective guidelines for reporting, suggestions and general recommendations and to avoid duplication and superposition in the performance of their functions.

Article 39

Report of the Committee

Every two years, the Committee will submit to the General Assembly and the Economic and Social Council a report of its activities and will be able to make suggestions and general 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 a 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 will 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 will be the depositary of the present Convention.

Article 42

Subscription

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

Article 43

Consent to commit

This Convention will be submitted to ratification by signatory states and confirmation formal by signatory regional integration organizations. It will be open to the accession of any state or regional integration organization that does not have it signed.

Article 44

Integration Organizations regional

1. "Organization of regional integration" shall be understood as an 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 within the scope of their competence.

2. References to "States Parties" in this Convention shall be applicable to such organizations, at 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 will be computed.

4. Regional integration organizations, in matters of their competence, will be able to exercise the right to vote at 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 this 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. 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 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 adherence.

Article 46

Reserves

1. No reservations incompatible with the object and purpose of this Convention shall 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 will 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 will be binding only to the States Parties that have accepted it.

3. If the Conference of States Parties so shall 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

the States Parties on the thirtieth day as of the date on which the number of instruments of deposited acceptance 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 upon notification in writing to the Secretary-General of the United Nations. The complaint will become effective one year after the date of receipt of the notification by the Secretary-General.

Article 49

Accessible formats

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

Article 50

Authentic Texts

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

IN FÉ DO than the undersigned plenipotentiaries, duly authorized for so much by their the respective Governments, they have signed this Convention.

OPTIONAL PROTOCOL TO THE CONVENTION ON OS

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 will receive no communication regarding any State Party that is not a signatory to this Protocol.

Article 2

The Committee will consider inadmissible the communication when:

a) The communication is anonymous;

b) The communication constitute 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 resolution international;

d) They have not been exhausted all the resources internal available, save in the case where the tramping 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 the present Protocol for the State Party in appreciation, save if the facts kept occurring after that date.

Article 3

Subject to the provisions of Article 2 of this Protocol, the Committee will confidently take to the knowledge of the State Party concernnant 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 avoid 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 either on 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 concernng and the applicant.

Article 6

1. If you receive reliable information indicating that a State Party is committing serious or systematic violation of rights set forth in the Convention, the Committee will invite the said State Party to collaborate with the verification of the information and, for so much, the submit your 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 character of urgency, report to the Committee. Should it be justified and the State Part 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 possible comments and recommendations.

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

5. The said investigation 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 compliance with 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 may, when the signature or ratification of this Protocol or of its accession to it, declare that it does not recognize the competence of the Committee, the one referred to Articles 6 and 7.

Article 9

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

Article 10

This Protocol will be open to the signing of the states and regional integration organizations signatory 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 signatory states of the present Protocol that have ratified the Convention or adhered 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 that has ratified or formally confirmed the Convention or acceded to it and that it has not signed the Protocol.

Article 12

1. "Organization of regional integration" shall be understood as an organization 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 range of their competency.

2. 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 will 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. 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 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 where that state or organization has deposited its instrument of ratification, formal confirmation or accession.

Article 14

1. No reservations incompatible with the object and purpose of this Protocol will 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 you if they are in favour of a

Conference of States Parties to consider the proposals and make 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 will be binding only to the States Parties that have accepted it.

Article 16

Any State Party may denounce this Protocol by written notification to the Secretary-General of the United Nations. The complaint will 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 will be equally authentic.

IN FÉ DO WHAT the undersigned plenipotentiaries, duly authorized for so much by their respective governments, have signed this Protocol.

(*) The text of the above mentioned Convention is published in the DSF of 11 / 06 / 2008.

(**) The text of the above-mentioned Convention is republished in the DSF of 08/05/2008.