DECREE NO. 3,956, OF October 8, 2001

Promults the Inter-American Convention for the Elimination of All Forms of Discrimination against People Carriers of Disabilities.

THE PRESIDENT OF THE REPUBLIC, in the use of the assignment that confers it on art. 84, inciso VIII, of the Constitution,

Considering that the National Congress has approved the text of the Inter-American Convention for the Elimination of All Forms of Discrimination against Disabled Persons by the means of the Legislative Decree No. 198, of June 13, 200l;

Considering that the Convention entered into force, for Brazil, on September 14, 2001, pursuant to paragraph 3, of its Article VIII;

D E C R E T A:

Art. 1º The Inter-American Convention for the Elimination of All Forms of Discrimination against Disabled Persons, Apensa by copy to the present Decree, will be executed and fulfilled as entirely as in it contains.

Art. 2º They are subject to the approval of the National Congress any acts that may result in revision of the said Convention, as well as any further adjustments that, pursuant to art. 49, inciso I, of the Constitution, carries gravy charges or commitments to the national heritage.

Art. 3º This Decree takes effect on the date of its publication.

Brasilia, October 8, 2001; 180º of the Independence and 113º of the Republic.

FERNANDO HENRIQUE CARDOSO

Celso Lafer

Inter-American Convention for the Elimination of All Forms of Discrimination against Disabled Persons

The States Parties to this Convention,

Reclaiming that persons with disabilities have the same human rights and freedoms fundamental that other people and that these rights, including the right not to be subjected to discrimination on the basis of disability, emanate from the dignity and equality that are inherent to every human being;

Whereas the Charter of the Organization of American States, in its article 3, j, establishes as a principle that "justice and social security are foundations of a lasting peace";

Concered with the discrimination of which they are the object of the people on the grounds of their disabilities;

Having present the Conven on the Professional Readaptation and Employment of Invalid People of the International Labour Organization (ConvGenius 159); the Declaration of the Rights of the Mental Retardation (AG.26/2856, of December 20, 1971); the United Nations Declaration of the Rights of Disabled Persons (Resolution No. 3447 of December 9, 1975); the World Action Programme for Disabled Persons of Disability, approved by the General Assembly of the United Nations (Resolution 37/52 of December 3, 1982); the Additional Protocol to the American Convention on Human Rights in Matters of Economic, Social and Cultural Rights, "Protocol of San Salvador" (1988); the Principles for the Protection of Mental Patients and for the Improvement of Mental Health Service (AG.46/119, December 17, 1991); the Caracas Declaration of the Pan American Health Organization; the resolution on the situation of the people carrier of disability in the American Continent [AG/RES.1249 (XXIII-O/93)]; the Uniform Standards on Equal Opportunities for Disabled Persons (AG.48/96, of December 20, 1993); the Declaration of Managua, of December 20, 1993; the Vienna Declaration and Programme of Action approved by the World Conference on Human Rights, of the United Nations (157/93); the resolution on the situation of persons with disabilities in the American Hemisphere [AG/RES. 1356 (XXV-O/95)] and the Panama Commitment to the Disabled Persons of Disability in the American Continent [AG/RES. 1369 (XXVI-O/96)]; and

Committed to eliminate discrimination, in all its forms and manifestations, against persons with disabilities,

Concame in the following:

Article I

For the effects of this Convention, it is understood by:

1. Disability

The term "disability" means a physical, mental, or sensory constraint, of a permanent or transient nature, which limits the ability to exercise one or more essential activities of daily life, caused or aggravated by the economic and social environment.

2. Discrimination against persons with disabilities

a) the term "discrimination against persons with disabilities" means all differentiation, exclusion or disability-based restriction, antecedent of disability, a consequence of earlier disability or perceived disability present or past, that has the effect or purpose of preventing or cancelling the recognition, enjoyment or exercise by persons with disabilities of their rights humans and their fundamental freedoms.

b) It does not constitute discrimination to differentiation or preference adopted by the State Party to promote the social integration or personal development of those with disabilities, since that differentiation or preference does not limit in itself the right to equality of these persons and that they are not obliged to accept such differentiation or preference. In cases where domestic law provides for the declaration of interdiction, when it is necessary and appropriate for your welfare, this will not constitute discrimination.

Article II

This Convention aims to prevent and eliminate all forms of discrimination against persons with disabilities and to propitiate their full integration to the society.

Article III

To achieve the objectives of this Convention, the States Parties commit to:

1. Take the measures of legislative, social, educational, labour, labour, or any other nature, that are necessary to eliminate discrimination against persons with disabilities and provide their full integration to the society, among which the measures listed below, which should not be considered exclusive:

a) measures by government authorities and / or private entities to phase out discrimination and promote the integration in the provision or provision of goods, services, facilities, programs and activities, such as employment, transportation, communications, housing, leisure, education, sport, access to justice and police services and activities policies and administration;

b) measures so that buildings, vehicles and facilities that come to be built or manufactured in their respective territories facilitate the transportation, communication and access of the people carriers of disability;

c) measures to eliminate, as far as possible, the architectural, transport and communications obstacles that exist, with the purpose of facilitating access and use by the persons carrier of Disability; and

d) measures to ensure that the persons in charge of applying this Convention and the internal legislation on this matter are empowered to do so.

2. Work as a priority in the following areas:

a) prevention of all forms of preventable disability;

b) early detection and intervention, treatment, rehabilitation, education, occupational training and provision of full services to ensure the best level of independence and quality of life for persons with disabilities; and

c) population awareness, by means of education campaigns, targeted at eliminate biases, stereotypes, and other attitudes that undermine the right of people to be equal, allowing in this way respect and coexistence with persons with disabilities.

Article IV

To achieve the objectives of this Convention, the States Parties commit to:

1. Cooperate with each other in order to contribute to the prevention and elimination of discrimination against persons with disabilities.

2. Collaborate effectively in the following:

a) scientific and technological research related to the prevention of disabilities, treatment, rehabilitation, and integration in the society of persons with disabilities; and

b) development of means and resources aimed at facilitating or promoting independent living, self-reliance and full integration, under equal conditions, to the society of persons with disabilities.

Article V

1. The States Parties shall promote, to the extent that this is consistent with their respective national laws, the participation of representatives of organizations of persons with disabilities, of nongovernmental organizations working in that area or, if those organizations do not exist, of persons with disabilities, in the elaboration, implementation and evaluation of measures and policies to implement this Convention.

2. States Parties shall create effective channels of communication that allow to spread among public and private organizations working with persons with disabilities the normative and legal advances that have occurred for the elimination of discrimination against persons with disabilities.

Article VI

1. To follow up on the commitments made in this Convention, a Commission for the Elimination of All Forms of Discrimination against Disabled Persons, consisting of one representative appointed by each State Part.

2. The Commission shall hold its first meeting within the 90 days following the deposit of the eleventh instrument of ratification. Such a meeting shall be convened by the General Secretariat of the Organization of American States and shall be held at its registered office, unless a State Party offers its headquarters.

3. The States Parties undertake, at the first meeting, to submit a report to the Secretary-General of the Organization to send it to the Commission for analysis and study. In the future, reports will be presented every four years.

4. Reports prepared by virtue of the preceding paragraph shall include the measures that member States have adopted in the implementation of this Convention and any progress achieved in the elimination of all forms of discrimination against persons carriers of disability. The reports will also contain all circumstance or difficulty that affects the degree of compliance arising from this Convention.

5. The Commission shall be the venue tasked with examining the progress recorded in the implementation of the Convention and of interchanging experiences between States Parties. The reports that the Commission shall draw up will reflect the debate there have been and shall include information on the measures that States Parties have adopted in implementation of this Convention, the progress achieved in the elimination of all forms of discrimination against persons with disabilities, the circumstances or difficulties they have had in the implementation of the Convention, as well as the findings, submissions and general suggestions of the Commission for the progressive compliance of it.

6. The Commission shall draw up its internal regulation and shall adopt it by an absolute majority.

7. The Secretary-General shall provide the Commission with the necessary support for the fulfillment of its functions.

Article VII

No provision of this Convention shall be interpreted in the a sense of restricting or allowing States Parties to limit the enjoyment of the rights of persons with disabilities recognized by the Consuetudinary International Law or by the binding international instruments for a particular State Part.

Article VIII

1. This Convention will be open to all member states for their signature, in Guatemala City, Guatemala, on June 8, 1999 and, as of that date, will remain open to the signing of all States at the headquarters of the Organization of States Americans until their entry into force.

2. This Convention is subject to ratification.

3. This Convention shall enter into force for ratifying States on the thirtieth day as of the date on which the sixth instrument of ratification of a member state of the Organization of American States has been deposited.

Article IX

After coming into force, this Convention will be open to the accession of all states that have not signed it.

Article X

1. The instruments of ratification and accession shall be deposited in the General Secretariat of the Organization of American States.

2. For each State to ratify the Convention or accede to it after the deposit of the sixth instrument of ratification, the Convention shall enter into force on the thirtieth day from the date on which that State has deposited its instrument of ratification or adherence.

Article XI

1. Any State Party shall be able to formulate proposals for amendment to this Convention. The said proposals will be submitted to the OAS General Secretariat for distribution to the States Parties.

2. The amendments shall enter into force for the ratifying States of the same on the date on which two thirds of the States Parties have deposited the respective instrument of ratification. For the remainder of the States Parties, they shall enter into force on the date on which they deposit their respective instruments of ratification.

Article XII

The States will be able to formulate reservations to this Convention at the time of ratifying it or acceding to it, provided that such reservations are not incompatible with the purpose and purpose of the Convention and versem on one or more specific provisions.

Article XIII

This Convention will invigorate indefinitely, but any State Party will be able to report it. The instrument of denunciation shall be deposited in the General Secretariat of the Organization of American States. Having elapsed one year from the date of deposit of the instrument of denunciation, the Convention shall cease its effects for the whistleblower State, remaining in force for the remaining States Parties. The complaint shall not expose the State Party of the obligations that impose it this Convention with respect to any action or omission occurring prior to the date on which the complaint has produced its effects.

Article XIV

1. The original instrument of this Convention, whose texts in Spanish, French, English and Portuguese are similarly authentic, shall be deposited in the General Secretariat of the Organization of American States, which will send certified copy of its text, to registration and publication, to the Secretariat of the United Nations, in accordance with article 102 of the Charter of the United Nations.

2. The General Secretariat of the Organization of American States shall notify the member States of that Organization and the States that have acceded to the Convention on the signatures, the deposits of the instruments of ratification, accession or denunciation, as well as on the eventual reservations.