Decree No. 3956, of 8 OCTOBER 2001 Promulgates the Inter-American Convention for the Elimination of all forms of discrimination against persons with disabilities.
The PRESIDENT of the REPUBLIC, in the use of the role that gives the art. 84, item VIII of the Constitution, whereas the National Congress approved the text of the Inter-American Convention for the Elimination of all forms of discrimination against persons with disabilities by means of Legislative Decree No. 198 of 13 June 200 l;
Whereas the Convention entered into force for Brazil on September 14, 2001, pursuant to paragraph 3 of article VIII;
D E C R E T a: Art. 1 the Inter-American Convention for the Elimination of all forms of discrimination against persons with disabilities, just by copying the present Decree will be performed and accomplished as fully as it contains.
Art. 2 Are subject to the approval of the National Congress any acts that may result in a revision of that Convention, as well as any additional adjustments, pursuant to art. 49, item I, of the Constitution, result in charges or demanding commitments to national heritage.
Art. 3 this Decree shall enter into force on the date of its publication.
Brasília, October 8 2001; 180 degrees of independence and 113 of the Republic.
FERNANDO HENRIQUE CARDOSO Celso Lafer inter-American Convention on the Elimination of all forms of discrimination against persons with disabilities the States parties to this Convention, reaffirming that persons with disabilities have the same human rights and fundamental freedoms that other people and that these rights, including the right not to be subjected to discrimination based on disability , emanate from the dignity and equality that are inherent in every human being;
Considering that the Charter of the Organization of American States, in its article 3, j, establishes the principle that "justice and social security are bases of lasting peace";
Concerned about the discrimination against people object because of their disabilities;
Bearing in mind the Convention on Professional readjustment and employment of Invalids of the International Labour Organisation (Convention 159); the Declaration of the rights of mentally retarded (AG./2856, 26 December 20, 1971); the United Nations Declaration of the rights of persons with disabilities (resolution No. 3447, December 9, 1975); the World program of action for persons with disabilities, adopted by the United Nations General Assembly (resolution 37/52, December 3, 1982); the additional protocol to the American Convention on human rights regarding economic, social and cultural rights, "Protocol of San Salvador" (1988); the principles for the protection of the mentally ill and for the improvement of Mental health care (AG. 46/119, December 17, 1991); the Caracas Declaration of the Pan American Health Organization; the resolution on the situation of people with disabilities in the Americas [AG/RES. 1249 (XXIII-O/93)]; the uniform rules on equal opportunities for persons with disabilities (AG., December 20, 1993 96/48); the Managua Declaration, of 20 December 1993; the Vienna Declaration and programme of Action adopted by the World Conference on Human Rights, United Nations (157/93); the resolution on the situation of people with disabilities in the American Hemisphere [AG/RES. 1356 (XXV-/95)] and Panama's commitment to people with disabilities in the Americas [AG/RES. 1369 (XXVI-O/96)]; and committed to eliminate discrimination in all its forms and manifestations, against persons with disabilities, Agreed as follows: article 1 for the purposes of this Convention: 1. Disabilities the term "handicap" means a physical, mental or sensory restriction, permanent or transitory in nature, which limits the ability to perform one or more essential activities of daily living , caused or aggravated by the economic and social environment.
2. Discrimination against persons with disabilities a) the term "discrimination against persons with disabilities" means any distinction, exclusion or restriction based on disability, prior of disability, a consequence of previous disabilities or perceived disabilities present or passed, that has the purpose or effect of preventing or aborting the recognition, enjoyment or exercise by persons with disabilities of their human rights and fundamental freedoms.
b) does not constitute discrimination or differentiation preference adopted by the State party to promote social integration or personal development of people with disabilities, provided that the differentiation or preference does not limit itself the right to equality of these people and that they are not obliged to accept such a distinction or preference. In cases where domestic legislation provides for the Declaration of prohibition, when necessary and appropriate to their well-being, this shall not constitute discrimination.
Article II this Convention aims to prevent and eliminate all forms of discrimination against persons with disabilities and to promote their full integration into society.
Article III to achieve the objectives of this Convention, States parties undertake to: 1. Take measures of legislative character, social, educational, labor, or of any other nature, that are required to eliminate discrimination against persons with disabilities and their full integration into society, including the measures listed below, that should not be considered exclusive : the governmental authorities) measures and/or private entities to phase out discrimination and promote integration in the provision or supply 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 to ensure that the buildings, vehicles and facilities will be constructed or manufactured in their respective Territories facilitate the transportation, communication and the access of people with disabilities;
c) measures to eliminate, as far as possible, the architectural obstacles, there are transport and communications to facilitate the access and use by persons with disabilities; and d) measures to ensure that persons responsible for applying this Convention and domestic legislation on this issue are qualified to do so.
2. Working primarily in the following areas: the) prevention of all forms of preventable deficiency;
b) detection and early intervention, treatment, rehabilitation, education, occupational training and the provision of comprehensive services to ensure the best level of independence and quality of life for persons with disabilities; and (c)), population sensitization through education campaigns, designed to eliminate prejudices, stereotypes and other attitudes that violate people's right to be equal, allowing in this way the respect and coexistence with people with disabilities.
Article IV to achieve the objectives of this Convention, States parties undertake to: 1. Cooperate with each other in order to contribute to the prevention and elimination of discrimination against persons with disabilities.
2. Cooperate effectively in the following: the) scientific and technological research related to the prevention of disabilities, treatment, rehabilitation and integration into society of persons with disabilities; and b) development of tools and resources to facilitate or promote independent living, self-sufficiency and full integration under conditions of equality, to the society of people with disabilities.
Article V 1. States parties shall promote, to the extent that this is consistent with their respective national legislation, the participation of representatives of organizations of disabled people, non-governmental organizations working in this area or, if these do not exist, organizations of persons with disabilities, in the development, implementation and evaluation of measures and policies to implement the Convention.
2. States parties shall establish effective communication channels that allow spread between public and private organizations working with disabled people and legislative advances that occurred for the Elimination of discrimination against persons with disabilities.
Article VI 1. To give follow-up to the commitments made in this Convention, shall be established a Committee on the Elimination of all forms of discrimination against persons with disabilities, consisting of one representative appointed by each State party.
2. the Commission will hold its first meeting within 90 days after the deposit of the tenth instrument of ratification. This meeting will be convened by the Secretary General of the Organization of American States and will be held at its headquarters, unless a State party offer headquarters.
3. States parties shall, at the first meeting, to submit a report to the Secretary General of the Organization for which the send to the Commission for review and study. In the future, the reports will be submitted every four years.
4. The reports prepared by virtue of the preceding paragraph shall include the measures that Member States have adopted in application of this Convention and any progress achieved in the Elimination of all forms of discrimination against persons with disabilities. The reports also contain all circumstances or difficulties affecting the degree of fulfilment arising out of this Convention.
5. The Commission shall be the Court responsible for examining the progress recorded in the implementation of the Convention and exchange experiences among States parties. The reports that the Commission will reflect the debate been and shall include information on the measures that States parties have adopted in application of this Convention, the progress made in the Elimination of all forms of discrimination against persons with disabilities, the circumstances or difficulties you have had in the implementation of the Convention, as well as the conclusions, observations and suggestions of the Commission for the progressive fulfilment of the same.
6. the Commission shall draw up its rules of procedure and shall adopt, by an absolute majority.
7. the Secretary-General shall provide the Commission with the necessary support to fulfil their duties.
Article VII nothing in this Convention shall be construed to restrict or allow States parties to limit the enjoyment of the rights of persons with disabilities recognized by customary international law or by international instruments binding for a particular State party.
Article VIII 1. This Convention shall be open to all States members to your subscription, in the city of Guatemala, Guatemala, on 8 June 1999 and, from that date, shall remain open for signature by all States at the headquarters of the Organization of American States until its entry into force.
2. This Convention is subject to ratification.
3. This Convention shall enter into force for those States ratificantes on the 30th day from the date on which it was deposited the sixth instrument of ratification of a State member of the Organization of American States.
Article IX after entering into force, this Convention shall be open for accession by all States that have not signed.
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 ratifying this Convention or acceding to it after the deposit of the sixth instrument of ratification, the Convention shall enter into force on the 30th day from the date on which that State has deposited its instrument of ratification or accession.
Article XI 1. Any State party may formulate proposals for amendment to this Convention. Such proposals will be presented to the OAS General Secretariat for distribution to States parties.
2. Amendments shall enter into force for the ratificantes States of the same on the date on which two thirds of the States parties have deposited their instrument of ratification. As regards the remainder of the States parties, will enter into force on the date on which deposit their respective instruments of ratification.
Article XII States can formulate reservations to this Convention at the time to ratify it or accede to it, provided that such reservations are not incompatible with the objective and purpose of the Convention and focus on one or more specific provisions.
Article XIII this Convention shall remain in force indefinitely, but any State party may denounce it. The instrument of denunciation shall be deposited in the General Secretariat of the Organization of American States. After the expiry of one year from the date of deposit of the instrument of denunciation, the Convention shall cease to apply its effects to the complainant State, remaining in force for the other States parties. The complaint does not exempt the State party obligations enforces this Convention with respect to any action or omission that occurred before 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 equally authentic, shall be deposited in the General Secretariat of the Organization of American States, which shall send a certified copy of its text, for registration and publication, the United Nations Secretariat, in accordance with article 102 of the Charter of the United Nations.
2. The General Secretariat of the Organization of American States shall notify Member States of that organization and those States that have acceded to the Convention about the signatures, deposits of instruments of ratification, accession or withdrawal, as well as of the possible reserves.