Key Benefits:
LAW 762
(July 31)
Official Journal No. 44.889 of 5 August 2002
PUBLIC POWER-LEGISLATIVE BRANCH
By means of which the "Inter-American Convention on the Elimination of All Forms of Discrimination against Persons with Disabilities" is approved, signed in Guatemala City, Guatemala, on 7 June (7) nine hundred and ninety-nine (1999).
The Congress of the Republic,
Having regard to the text of the "Inter-American Convention on the Elimination of All Forms of Discrimination against Persons with Disabilities", signed in Guatemala City, Guatemala, on June 7 (7), nine hundred and ninety-nine (1999), which to the letter says:
(To be transcribed: photocopy of the full text of the international instrument mentioned).
" INTER-AMERICAN CONVENTION FOR THE ELIMINATION OF ALL
FORMS OF DISCRIMINATION AGAINST PEOPLE
WITH DISABILITY
States Parties to this Convention,
REAFFIRMING that persons with disabilities have the same human rights and fundamental freedoms as other persons; and that these rights, including that of not being subjected to discrimination based on disability, do not dignity and equality that are inherent to every human being;
WHEREAS the Charter of the Organization of American States, in Article 3 (j), establishes as a principle that "justice and social security are the basis of lasting peace"
CONCERNED about the discrimination that people are subject to because of their disability;
HAVING PRESENT the Convention on the Professional Readaptation and Employment of Invalid Persons of the International Labour Organization (Convention 159); the Declaration of the Rights of the Mentally Retarded (AG.26/2856, of December 20, 2001). 1971); the United Nations Declaration of the Rights of Imorders (Resolution number 3447 of 9 December 1975); the World Action Programme for Persons with Disabilities, approved by the General Assembly of the United Nations (Resolution 37/52 of 3 December 1982); Additional Protocol to the American Convention on Human Rights in the Field of Economic, Social and Cultural Rights "Protocol of San Salvador" (1988); Principles for the Protection of the mentally ill and for the Improvement of Mental Health Care (AG46/119, 17 December 1991); the Declaration of Caracas of the Pan American Health Organization; the Resolution on the Situation of Persons with Disabilities in the Americas (AG/RES. 1249 (XXIII-O/93)); the Uniform Rules on Equal Opportunities for Persons with Disabilities (AG.48/96 of 20 December 1993); the Declaration of Managua, December 1993;-the Vienna Declaration and the Action Programme adopted by the United Nations World Conference on Human Rights (157/93); the Resolution on the Situation of the Disabled in the Americas (AG/RES. 1356 (XXV-O95)); and the Commitment of Panama to Persons with Disabilities in the Americas (Resolution AG/RES. 1369 (XXVI-O/96)); and
COMMITTED to eliminating discrimination, in all its forms and manifestations, against people with disabilities,
AGREED the following:
ARTICLE I. For the purposes of this Convention, it is understood by:
1. Disability. The term "disability" means a physical, mental or sensory impairment, whether of a permanent or temporary nature, which limits the ability to exercise one or more essential activities of daily life, which may be 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 a disability, antecedent of disability, consequence of previous disability or perception of a disability present or past, having the effect or purpose of preventing or annulling the recognition, enjoyment or exercise by persons with disabilities, of their human rights and fundamental freedoms;
(b) Does not constitute discrimination the distinction or preference adopted by a State party in order to promote the social integration or personal development of persons with disabilities, provided that the distinction or preference does not limit itself the right to equality of persons with disabilities and that individuals with disabilities are not obliged to accept such a distinction or preference. In cases where internal legislation provides for the figure of the declaration of interdiction, where necessary and appropriate for his or her welfare, this shall not constitute discrimination.
ARTICLE II. The objectives of this Convention are the prevention and elimination of 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, the States Parties undertake to:
1. Adopt measures of a legislative, social, educational, employment or any other nature necessary to eliminate discrimination against persons with disabilities and to promote their full integration into society, including those which are listed below, without the list being a taxative:
(a) Measures to progressively eliminate discrimination and promote integration by government authorities and/or private entities in the provision or supply of goods, services, facilities, programs and activities, such as such as employment, transport, communications, housing, recreation, education, sport, access to justice and police services, and political and administrative activities;
(b) Measures to ensure that buildings, vehicles and installations that are built or manufactured in their respective territories facilitate transport, communication and access for persons with disabilities;
(c) Measures to eliminate, as far as possible, the architectural, transport and communications obstacles that exist, in order to facilitate access and use for persons with disabilities, and
(d) Measures to ensure that persons responsible for implementing this Convention and internal legislation on this matter are trained to do so.
2. Work primarily in the following areas:
a) The prevention of all forms of preventable disability;
b) Early detection and intervention, treatment, rehabilitation, education, occupational training and the provision of global services to ensure an optimal level of independence and quality of life for people with disabilities, and
c) Awareness of the population, through education campaigns aimed at eliminating prejudices, stereotypes and other attitudes that attack the right of people to be equal, thus promoting respect and living with people with disabilities.
ARTICLE IV. To achieve the objectives of this Convention, the States Parties undertake to:
1. Cooperate with each other to help prevent and eliminate discrimination against persons with disabilities.
2. Collaborate effectively on:
(a) Scientific and technological research related to the prevention of disabilities, treatment, rehabilitation and integration to the society of persons with disabilities, and
b) The development of means and resources designed to facilitate or promote independent living, self-sufficiency, and total integration, on an equal footing, to the society of persons with disabilities.
1. States Parties shall promote, to the extent compatible with their respective national laws, the participation of representatives of organizations of persons with disabilities, non-governmental organizations working in this field. field or if such organisations, persons with disabilities do not exist, in the elaboration, implementation and evaluation of measures and policies to implement this Convention.
2. States Parties will create effective channels of communication that will allow public and private organizations working with people with disabilities to disseminate the legislative and legal advances that will be achieved in the elimination of the discrimination against persons with disabilities.
1. In order to follow up on the commitments made in this Convention, a Committee for the Elimination of All Forms of Discrimination against Persons with Disabilities shall be established by a representative appointed by each State. Part.
2. The Committee shall hold its first meeting within 90 days of the deposit of the tenth first instrument of ratification. This meeting shall be convened by the General Secretariat of the Organization of American States and shall be held at its headquarters, unless a State party offers the seat.
3. The States Parties undertake the first meeting to present a report to the Secretary General of the Organization to transmit it to the Committee to be analyzed and studied. The reports shall henceforth be submitted every four years.
4. The reports prepared in turn d in the preceding paragraph shall include the measures which the Member States have taken in the implementation of this Convention and any progress made by the States Parties to the elimination of all the forms of discrimination against persons with disabilities. The reports shall also contain any circumstances or difficulties affecting the degree of compliance arising from this Convention.
5. The Committee will be the forum to examine the progress made in implementing the Convention and to exchange experiences between States Parties. The reports drawn up by the Committee shall include the debate and shall include information on the measures which the States Parties have adopted in implementation of this Convention, the progress they have made in the elimination of all forms of discrimination against persons with disabilities, the circumstances or difficulties they have had with the implementation of the Convention, as well as the conclusions, observations and general suggestions of the Committee for Progressive Compliance with same.
6. The Committee shall draw up its rules of procedure and approve it by an absolute majority.
7. The Secretary-General shall provide the Committee with the support it requires for the performance of its tasks.
It shall not be construed that provision of this Convention shall restrict or permit States Parties to limit the enjoyment of the rights of persons with disabilities recognized by customary international law or international instruments by which a State party is obliged.
1. This Convention shall be open to all Member States for signature in Guatemala City, Guatemala on 8 June 1999 and shall remain open for signature by all States at the headquarters of the Organization of American States until their entry into force.
2. This Convention is subject to ratification.
3. This Convention shall enter into force for the ratifying States on the 30th day from the date on which the sixth instrument of ratification of a Member State of the Organization of American States has been deposited.
After its entry into force, this Convention shall be open for the accession of all States which have not signed it.
1. The instruments of ratification and accession shall be deposited with the General Secretariat of the Organization of American States.
2. For each State ratifying or acceding to the Convention after the sixth instrument of ratification has been deposited, the Convention shall enter into force on the thirtieth day after the date on which that State has deposited its instrument of ratification. ratification or accession.
1. Any State party may make proposals for amendments to this Convention. These proposals will be presented to the OAS General Secretariat for distribution to the States Parties.
2. The amendments shall enter into force for the States ratifying them on the date on which two thirds of the States party have deposited the instrument of ratification. As for the other States Parties, they shall enter into force on the date on which they deposit their respective instruments of ratification.
States may make reservations to this Convention at the time of ratification or accession, provided that they are not incompatible with the object and purpose of the Convention and shall deal with 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 with the General Secretariat of the Organization of American States. After one year, starting from the date of deposit of the instrument of denunciation, the Convention shall cease for the purposes of the complainant State, and shall remain in force for the other States Parties. Such denunciation shall not exempt the State party from the obligations imposed on it by this Convention in respect of any action or omission occurring before the date on which the complaint has taken effect.
1. The original instrument of this Convention, whose texts in Spanish, French, English and Portuguese are equally authentic, shall be deposited with the General Secretariat of the Organization of American States, which shall send an authentic copy of its text, for 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, the signatures, the deposit of instruments of ratification, accession and denunciation, as well as the reservations that they would have.
Organization of American States,
Washington, D. C.
General Secretariat
I certify that the attached document is a faithful and accurate copy of the authentic texts in Spanish, English, Portuguese and French of the Inter-American Convention on the Elimination of All Forms of Discrimination against Persons with Disability, signed in Guatemala City, Guatemala, on June 7, 1999, at the twenty-ninth regular session of the General Assembly, and that the signed texts of these originals are deposited with the Secretariat General of the Organization of American States. This certification is issued at the request of the Permanent Mission of Colombia to the Organization of American States.
1o. of March 2000
Luis F. Jimenez,
Chief Legal Officer
Interacting in charge of the Department of International Law. "
EXECUTIVE BRANCH OF PUBLIC POWER
PRESIDENCY OF THE REPUBLIC
Bogotá, D. C., May 29, 2001
APPROVED, subject to the consideration of the honorable National Congress for the constitutional effects.
(Fdo.) ANDRES PASTRANA ARANGO
The Foreign Minister,
(Fdo.) Guillermo Fernandez de Soto.
DECRETA:
ARTICLE 1o. Approve the "Inter-American Convention on the Elimination of All Forms of Discrimination against Persons with Disabilities", signed in Guatemala City, Guatemala, on 7 March. (7) June of a thousand nine hundred and ninety-nine (1999).
ARTICLE 2o. In accordance with the provisions of Article 1o. of Law 7a. 1944, the "Inter-American Convention on the Elimination of All Forms of Discrimination against Persons with Disabilities", signed in Guatemala City, Guatemala, on June 7 (7), nine hundred and ninety-nine (1999), which by Article 1 (1). of this law shall be adopted, shall bind the country from the date on which the international link with respect to the law is perfected.
ARTICLE 3o. This law governs from the date of its publication.
The President of the honorable Senate of the Republic,
Carlos Garcia Orjuela.
The Secretary General (E.) of the honorable Senate of the Republic,
Luis Francisco Boada Gomez.
The President of the honorable House of Representatives,
Guillermo Gaviria Zapata.
The Secretary General of the honorable House of Representatives,
Angelino Lizcano Rivera.
COLOMBIA-NATIONAL GOVERNMENT
Communicate and comply.
Execute, upon revision of the Constitutional Court, in accordance with article 241-10 of the Political Constitution.
Dada en Bogotá, D. C., at 31 July 2002.
ANDRES PASTRANA ARANGO
The Foreign Minister,
Guillermo Fernandez de Soto.
