Convention Document Legal Analysis

A legal commentary on the draft convention text produced by the Working Group for the

UN Ad Hoc Committee on a Comprehensive and Integral International Convention on the Protection

and Promotion of the Rights and Dignity of Persons with Disabilities

Prepared by Landmine Survivors Network

March • 2004

This document is intended to facilitate the legal analysis of the draft convention text produced by the Working Group for the UN Ad Hoc Committee on a Comprehensive and Integral International Convention on the Protection and Promotion of the Rights and Dignity of Persons with Disabilities. The analysis places the draft convention text and footnotes in a column on the left-hand page of the document, and provides a brief commentary on the relevant provision in the right-hand column. Specifically, the commentary provides coverage of:

(1) references to comparable precedents in existing international treaties or other international legal instruments;

(2) strengths of the text; and

(3) possible omissions for consideration by the Ad Hoc Committee

In order to ensure that the document is accessible to those individuals utilizing screen readers, a non-formatted electronic version may be found at

This document is intended to be a tool to assist those participating in the development of the convention. Its analysis is not exhaustive and the omission of any particular points or issues does not indicate an opinion regarding their value or need for inclusion in the convention.

For more information and/or comments, please contact:

Table of Contents

TopicPages

Draft Preamble3-5

Draft Article 1-Purpose6

Draft Article 2-General Principles7

Draft Article 3-Definitions8-9

Draft Article 4-General Obligations10-11

Draft Article 5-Promotion of Positive Attitudes to People With Disabilities12

Draft Article 6-Statistics and Data Collection13-14

Draft Article 7-Equality and Non-Discrimination15-18

Draft Article 8-Right to Life19

Draft Article 9-Equal Recognition as a Person Before the Law20-21

Draft Article 10-Liberty and Security of the Person22-23

Draft Article 11-Freedom from Torture or Cruel, Inhuman, or Degrading Treatment or Punishment24

Draft Article 12-Freedom from Violence and Abuse25-26

Draft Article 13-Freedom of Expression and Opinion and Access to Information27-28

Draft Article 14-Respect for Privacy, the Home and the Family29-31

Draft Article 15-Living Independently and Being Included in the Community32

Draft Article 16-Children with Disabilities33-34

Draft Article 17-Education35-38

Draft Article 18-Participation in Political and Public life39-40

Draft Article 19-Accessibility41-43

Draft Article 20-Personal Mobility44

Draft Article 21-Right to Health and Rehabilitation45-48

Draft Article 22-Right to Work49-51

Draft Article 23-Social Security and an Adequate Standard of Living 52-54

Draft Article 24-Participation in Cultural Life, Leisure, Recreation and Sport55-57

Draft Article 25-Monitoring58


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Legal Analysis of the Working Group Draft Text, prepared by Landmine Survivors Network