Of The Convention On The Rights Of Persons With Disabilities, Of The Optional Protocol

Original Language Title: Par Konvencijas par personu ar invaliditāti tiesībām Fakultatīvo protokolu

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Read the untranslated law here: https://www.vestnesis.lv/ta/id/212191

The Saeima has adopted and the President promulgated the following laws: the Convention on the rights of persons with disabilities article 1 of the Optional Protocol. 13 December 2006 of the Convention on the rights of persons with disabilities Optional Protocol (hereinafter referred to as the Protocol) with this law is adopted and approved.
2. article. Fulfilment of the obligations provided for in the Protocol are coordinated by the Ministry of welfare.
3. article. This Protocol shall enter into force on its article 13 and the period specified in the order, and the Ministry of Foreign Affairs shall notify the newspaper "journal".
4. article. The law shall enter into force on the day following its promulgation. With the law put the Protocol in English, and its translation into Latvian language.
The Parliament adopted the law of 3 June 2010.
President Valdis Zatlers in Riga V. 2010 22 June Optional Protocol to the Convention on the rights of persons with Disabilit to the States parties to the present Protocol have agreed as follows: article 1 1. A State Party to the present Protocol ("State Party") recognizes the competence of the Committee on the rights of persons with Disabilit ("the Committee") to receive and consider communications from or on behalf of an individual or group of individual is subject to its jurisdiction who claim to be victim of a violation by that State Party of the provision of the Convention.
2. communications shall be received by the Committee if it concerns a State Party to the Convention that is not a party to the present Protocol.
Article 2 the Committee shall consider a communication inadmissibl when: (a) the communication is anonymous;
(b) the communication of an constitut abuse of the right of submission of such communications or is incompatibl with the provision of the Convention;
(c) the same matter has already been examined by the Committee or has been or is being examined under another procedure of international investigation or settlement;
(d) All available domestic remedies have not been exhausted. This shall not be the rule where the application of the remedies is unreasonably prolonged or unlikely to bring effective relief;
(e) It is manifestly ill-founded or not sufficiently substantiated; or when (f) the facts that are the subject of the communication occurred prior to the entry into force of the present Protocol for the State Party concerned unless those facts continued after of that data.
Article 3 subject to the provision of article 2 of the present Protocol, the Committee shall bring any communications submitted to it confidentially to the attention of the State Party. Within six months, the receiving State shall submit to the Committee a written explanation or statements clarifying the matter and the remedy, if any, that may have been taken by that State.
Article 4 1. At any time after the receipt of a communication and before a determination on the Merritt has been reached, the Committee may transmit to the State Party concerned for its urgent considerations (a) request that the State Party take such interim measure may not be the axis of their possible irreparabl the cessary avoid damage to the victim or the victim of the alleged violation.
2. Where the Committee exercises its discretion under paragraph 1 of this article, this does not imply a determination on admissibility or on the Merritt of the communication.
Article 5 the Committee shall hold closed meetings when examining communications under the present Protocol. After examining a communication, the Committee shall forward its suggestions and recommendations, if any, to the State Party concerned and to the petitioner.
Article 6 1. If the Committee receive the reliable information indicating grave or systematic violation by a State Party of rights set forth in the Convention, the Committee shall invite that State Party to cooperate in the examination of the information and to this end submit observations with regard to the information concerned.
2. Taking into account any observations that may have been submitted by the State Party concerned as well as any other reliable information available to it, the Committee may designat one or more of its members to conduct an inquiry and to report urgently to the Committee. Where warranted and with the consent of the State Party, the inquiry may include a visit to its territory.
3. After examining the finding of such an inquiry, the Committee shall transmit these finding to the State Party concerned together with any comments and recommendations.
4. The State Party concerned shall, within six months of receiving the finding, comments and recommendations transmitted by the Committee, submit its observations to the Committee.
5. Such an inquiry shall be conducted confidentially and the cooperation of the State Party shall be sought at all stages of the proceedings.
Article 7 1. The Committee may invite the State Party concerned to include in its report under article 35 of the Convention details of any measure taken in the response to an inquiry conducted under article 6 of the present Protocol.
2. The Committee may, if not after the end of the cessary, the period of six months referred to in article 6.4, invite the State Party concerned to inform it of the measure taken in the response to such an inquiry.
Article 8 Each State Party may, at the time of signature or ratification of the present Protocol or accession declare theret, that it does not recognize the competence of the Committee provided for in article 6 and 7 s. Article 9 of the Secretary-General of the United Nations shall be the depositary of the present Protocol.
Article 10 the present Protocol shall be open for signature by signatory States and regional integration organizations of the Convention at United Nations Headquarters in New York as of 30 March 2007. Article 11 of the present Protocol shall be the subject to ratification by signatory States of this Protocol which have ratified or acceded to the Convention. It shall be subject to formal confirmation by signatory regional integration organizations of this Protocol which have formally confirmed or acceded to the Convention. It shall be open for accession by any State or regional integration organization which has ratified or acceded to, formally confirmed the Convention and which has not signed the Protocol.
Article 12 1. "Regional integration organization" shall mean an organization constituted by sovereign States of a given region, to which its member States have transferred competence in respect of matters governed by the Convention and this Protocol. Such organizations shall declare, in their instruments of formal confirmation or accession, the exten of their competence with respect to matters governed by the Convention and this Protocol. Subsequently, they shall inform the depositary of any substantial modification in the exten of their competence.
2. References to "States parties" in the present Protocol shall apply to such organizations within the limits of their competence.
3. For the purpose of article 13, paragraph 1, and article 15, paragraph 2, any instrument deposited by a regional integration organization shall not be counted.
4. Regional integration organizations, in matters within their competence, may exercise their right to vote in the meeting of States parties, with a number of votes equal to the number of their member States that are parties to this Protocol. Such an organization shall not exercise its right to vote if any of its member States exercises its right, and vice versa.
Article 13 1. Subject to the entry into force of the Convention, the present 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 ratifying, formally confirming or acceding to the Protocol after the deposit of the tenth such instrument, the Protocol shall enter into force on the thirtieth day after the deposit of its own such instrument.
Article 14 1. Reservations incompatibl with the object and purpose of the present Protocol shall not be permitted.
2. Reservations may be withdrawn at any time.
Article 15 1. Any State Party may proposes an amendment to the present Protocol and submit it to the Secretary-General of the United Nations. The Secretary-General shall communicate any proposed amendments to States parties, with a request to be notified they favour a meeting of whethers States parties for the purpose of considering and deciding upon the proposals. In the event that, within four months from the date of such communication, at least one third of the States parties favour such a meeting, the Secretary-General shall conven the meeting under the auspic's 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 General Assembly for approval and thereafter to all States parties for acceptance.
2. An amendment adopted and approved in accordanc with paragraph 1 of this article shall enter into force on the thirtieth day after the number of instruments of acceptance deposited the reach of two thirds of the number of States parties at the date of adoption of the amendment. Thereafter, the amendment shall enter into force for any State Party on the thirtieth day following the deposit of its own instrument of acceptance. An amendment shall be binding only on those States parties which have accepted it. "A State Party" article 16 may denounc the present Protocol by written notification to the Secretary-General of the United Nations. The denunciation shall become effective one year after the date of receipt of the notification by the Secretary-General.
Article 17 the text of the present Protocol shall be made available in accessible formats.
Article 18 the Arabic, Chinese, English, French, Russian and Spanish texts of the present Protocol shall be equally authentic.

In witness thereof the undersigned, being duly authorized plenipotentiar by their respectiv theret in Governments, have signed the present Protocol.
 
 
Convention on the rights of persons with disabilities Optional Protocol This Protocol, Member States have agreed as follows: article 1 1. Member State of this Protocol (hereinafter referred to as Member States) recognize the right of persons with disabilities Committee (hereinafter the Committee) the competence to receive and consider submissions from individuals under its jurisdiction, or to groups of individuals or on their behalf, which believes it is the victim of that Member State in breach of the provisions of the Convention.
2. the Committee does not accept submissions relating to a State party which is not a Member State of this Protocol.
Article 2 the Committee considers the application inadmissible if: (a) the application is anonymous);
(b)) it is misused for the right to submit such submissions or does not comply with the provisions of the Convention;
(c) such matters) the Committee has already examined or has been or is being examined under another international procedure of investigation or settlement;
d) not used all available domestic means of legal protection. This does not apply to cases where the application of the remedies is unreasonably persists or is unlikely that it will have real results;
(e)) it is obvious that it is wrong or not justified, or if f) it relates to facts that occurred before the entry into force of the present Protocol, unless the Member State concerned these facts is not continued after this date.
Article 3 pursuant to this Protocol the provisions of article 2, the Member State Committee shall communicate confidential reports submitted by all the submissions. Six months of the requested State shall submit to the Committee written explanations or statements, which explains the matter concerned and indicate the means of redress that this country has applied to remedy the situation, if it is done.
4. Article 1. At any time after the receipt of the application and before taking a decision on the merits of the case the Committee may send the Member State concerned to urgently present a request to the Member State shall make such interim measures as may be necessary to prevent irreparable damage to the person or persons affected by the alleged infringement.
2. If the Committee uses the option provided for in paragraph 1, this does not have an impact on the Committee's future decision on the admissibility of the application, or as to its nature.
5. Article submissions made under this Protocol, the Committee shall consider the closed meetings. After consideration of the application of the Member State concerned and to the Committee, the applicant shall forward its suggestions and recommendations, if any.
Article 6 1. If the Committee receives reliable information that a Member State seriously or systematically violates the rights established in the Convention, the Committee shall invite the Member State to cooperate in the examination of this information and to this end to submit their comments on the relevant information.
2. Taking into account any observations that may be submitted by the Member State concerned, as well as any other reliable information available to the Committee, the Committee may designate one or more of its members to carry out investigations and to report urgently to the Committee. If it is justified, and with the consent of the Member State, the investigation may include a visit to the territory of a Member State.
3. Following the outcome of the investigation, the Committee checks the results send the Member State concerned, together with the comments and recommendations, if any.
4. Six months after the Committee sent the results, comments and advice of receipt, the Member State concerned shall submit to the Committee its observations.
5. Such investigations are conducted confidentially, and calls on all Member States to cooperate in the stages of the procedure.
7. Article 1. The Committee may invite a Member State it shall report in accordance with the provisions of the Convention, article 35, to include information on the measures it has taken in connection with the investigation carried out in accordance with article 6 of this Protocol.
2. The Committee shall, where appropriate, article 6, paragraph 4 of the six-month period, the Member State concerned may be invited to provide information on the measures taken in connection with the investigation.
Article 8 each Member State ratifying this Protocol or signature or accession, may declare that it recognizes the competence of the Committee provided that articles 6 and 7.
Article 9 This Protocol the depositary is the Secretary-General of the United Nations.
Article 10 this Protocol is open for signature to all the Convention's signatory States and regional integration organizations of the United Nations Headquarters in New York from March 30, 2007.
Article 11 This Protocol shall be ratified by the signatory States which have ratified the Convention or acceded thereto. The Protocol officially confirmed it signed up regional integration organisations which are officially approved by the Convention or acceded thereto. This Protocol shall be open to accession by any State or regional integration organization which has ratified or officially approved by the Convention or acceded to it and not party to this Protocol.
12. Article 1. "regional integration organization" shall mean an organization that set up certain sovereign States of the region and to which its Member States have transferred competence in matters governed by the Convention and this Protocol. Such organizations in their official approval or accession documents the extent of its competence in respect of matters governed by the Convention and this Protocol. Then they inform the depositary of any substantial modification in the extent of its competence.
2. references to "Member States" this Protocol applies to the following organisations for their competence.
3. this Protocol article 13 paragraph 1 and paragraph 2 of article 15 requirements documents deposited regional integration organisation shall not be taken into account.
4. regional integration organizations, within their competence, may exercise the right to vote at a meeting of Member States with a number of votes equal to the number of Member States that are parties to this Protocol. Such an organization shall not exercise its right to vote if any of its Member States exercise theirs, and vice versa.
1. Article 13, provided that the Convention has entered into force, this Protocol shall enter into force on the thirtieth day after it is submitted to the tenth instrument of ratification or accession.
2. For each State or regional integration organization that this Protocol shall be subject to ratification, formal confirmation or accession, after it is submitted to the tenth such document, the Protocol shall enter into force on the thirtieth day after the date on which it has presented its formal ratification, approval or accession.
1. Article 14 reservations that are incompatible with the nature and purpose of this Protocol, are not allowed.
2. Reservations may be withdrawn at any time.
Article 15 1. Any member may propose amendments to the present Protocol and submit it to the Secretary-General of the United Nations. On the proposed amendments by the Secretary-General shall inform the other Member States and requested them to declare whether they support the convening of the meeting of the Member States in order to consider the above proposals and decide on them. If, within four months from the date of such communication at least one third of the Member States support the convening of such meetings, the Secretary-General of the United Nations shall convene under the auspices of the meeting. Amendments shall be adopted by the Member States present and voting in the two-thirds majority, the Secretary-General submitted to the General Assembly for approval, and then all the Member States for adoption.
2. an amendment adopted and approved in accordance with paragraph 1 of this article shall enter into force on the thirtieth day after the number of acceptance submitted reaches two thirds of the number of Member States on the date of adoption of the amendment. Then any Member State the amendment shall enter into force on the thirtieth day after it is submitted your acceptance. Amendments are binding only for those Member States that have adopted them.
Article 16, the Member State may denounce this Protocol by written notification to the Secretary-General of the United Nations. The denunciation shall take effect one year after the date on which the Secretary-General has received the communication.
Article 17 the text of the Protocol should be provided in accessible formats.
Article 18 This Protocol in the Arabic, Chinese, English, French, Russian and Spanish languages being equally authentic.
In witness whereof the undersigned, duly authorized by their Governments, have signed this Protocol.