Document text
Convention on the Rights of Persons with Disabilities
Adopted
2006-12-13
In force
2008-05-03
Article range
Article 1-50
Preamble
Preamble
The States Parties recall the Charter of the United Nations and the Universal Declaration of Human Rights, reaffirming the universality, indivisibility, interdependence and interrelatedness of all human rights and fundamental freedoms. They recognize that disability is an evolving concept resulting from the interaction between persons with impairments and attitudinal and environmental barriers that hinder full and effective participation in society on an equal basis with others. They stress the importance of mainstreaming disability issues in sustainable development, recognize diversity among persons with disabilities, and emphasize the need to promote and protect the human rights of all persons with disabilities, including those requiring more intensive support.
Article 1
Purpose
The purpose of the Convention is to promote, protect and ensure full and equal enjoyment of all human rights and fundamental freedoms by all persons with disabilities, and to promote respect for their inherent dignity. Persons with disabilities include those with long-term physical, mental, intellectual or sensory impairments which, in interaction with barriers, may hinder full and effective participation in society on an equal basis with others.
Article 2
Definitions
The Convention defines communication, language, discrimination on the basis of disability, reasonable accommodation and universal design. Communication includes languages, text display, Braille, tactile communication, large print, accessible multimedia, plain language, human-reader and augmentative or alternative modes and technologies. Reasonable accommodation means necessary and appropriate modifications that do not impose disproportionate or undue burden.
Article 3
General principles
General principles include respect for inherent dignity, individual autonomy and independence; non-discrimination; full and effective participation and inclusion in society; respect for difference and acceptance of persons with disabilities as part of human diversity; equality of opportunity; accessibility; equality between men and women; and respect for the evolving capacities and identity of children with disabilities.
Article 4
General obligations
States Parties undertake to ensure and promote full realization of all human rights and fundamental freedoms for persons with disabilities without discrimination. They must adopt legislation and policies, modify or abolish discriminatory laws and practices, mainstream disability in policies, refrain from incompatible acts, ensure public authorities comply, eliminate discrimination by private persons and entities, promote universal design and accessible technologies, provide accessible information, and train professionals.
Article 5
Equality and non-discrimination
States recognize that all persons are equal before and under the law and entitled to equal protection and benefit of the law without discrimination. They shall prohibit disability-based discrimination, guarantee equal and effective legal protection, and take steps to ensure reasonable accommodation. Specific measures necessary to accelerate or achieve de facto equality are not discrimination.
Article 6
Women with disabilities
States recognize that women and girls with disabilities are subject to multiple discrimination and shall take measures to ensure their full and equal enjoyment of all human rights and fundamental freedoms. They shall ensure the full development, advancement and empowerment of women for exercising rights under the Convention.
Article 7
Children with disabilities
States shall ensure full enjoyment by children with disabilities of all human rights and freedoms on an equal basis with other children. In all actions concerning children with disabilities, the best interests of the child shall be a primary consideration, and children shall have the right to express views freely with due weight according to age and maturity, receiving disability- and age-appropriate assistance.
Article 8
Awareness-raising
States shall adopt immediate, effective and appropriate awareness-raising measures to foster respect for the rights and dignity of persons with disabilities, combat stereotypes, prejudices and harmful practices, and promote awareness of their capabilities. Measures include public campaigns, education system initiatives, media encouragement and awareness-training programmes.
Article 9
Accessibility
States shall take appropriate measures to ensure access for persons with disabilities, on an equal basis with others, to the physical environment, transportation, information and communications, including ICT, and facilities and services open or provided to the public. Measures include identifying and eliminating barriers in buildings, roads, transport, schools, housing, medical facilities, workplaces, information services, signage, Braille, live assistance, guides, readers, interpreters and accessible technologies.
Article 10
Right to life
States reaffirm that every human being has the inherent right to life and shall take all necessary measures to ensure its effective enjoyment by persons with disabilities on an equal basis with others.
Article 11
Situations of risk and humanitarian emergencies
States shall take all necessary measures to ensure protection and safety of persons with disabilities in situations of risk, including armed conflict, humanitarian emergencies and natural disasters, in accordance with international law.
Article 12
Equal recognition before the law
States reaffirm that persons with disabilities have the right to recognition everywhere as persons before the law and enjoy legal capacity on an equal basis with others in all aspects of life. States must provide support for exercising legal capacity and safeguards preventing abuse, respecting rights, will and preferences, free from conflict of interest and proportional and tailored to circumstances.
Article 13
Access to justice
States shall ensure effective access to justice for persons with disabilities on an equal basis with others, including procedural and age-appropriate accommodations, to facilitate their effective role as direct and indirect participants, including as witnesses. Training shall be promoted for those working in administration of justice, including police and prison staff.
Article 14
Liberty and security of person
States shall ensure that persons with disabilities enjoy liberty and security of person on an equal basis with others, are not deprived of liberty unlawfully or arbitrarily, and that disability shall in no case justify deprivation of liberty. If deprived of liberty, they are entitled to guarantees under international human rights law and reasonable accommodation.
Article 15
Freedom from torture or cruel, inhuman or degrading treatment or punishment
No person with disabilities shall be subjected to torture or cruel, inhuman or degrading treatment or punishment, or to medical or scientific experimentation without free consent. States shall take legislative, administrative, judicial and other measures to prevent such treatment on an equal basis with others.
Article 16
Freedom from exploitation, violence and abuse
States shall take measures to protect persons with disabilities, within and outside the home, from all forms of exploitation, violence and abuse, including gender-based aspects. They shall provide assistance, information and services, ensure monitoring of facilities, promote recovery and reintegration of victims, and adopt laws and policies to identify, investigate and prosecute such acts.
Article 17
Protecting the integrity of the person
Every person with disabilities has the right to respect for physical and mental integrity on an equal basis with others.
Article 18
Liberty of movement and nationality
States shall recognize the rights of persons with disabilities to liberty of movement, freedom to choose residence and nationality. They must ensure rights to acquire and change nationality, not be deprived of nationality arbitrarily or on disability grounds, obtain identity and travel documentation, leave any country, enter their own country, and ensure children with disabilities are registered immediately after birth and have rights to a name, nationality and parental care.
Article 19
Living independently and being included in the community
Persons with disabilities have the equal right to live in the community, with choices equal to others. States shall ensure opportunity to choose residence and with whom to live, access to in-home, residential and community support services including personal assistance, and community services and facilities available to the general population are accessible and responsive.
Article 20
Personal mobility
States shall take effective measures to ensure personal mobility with greatest possible independence, including affordable mobility aids, devices, assistive technologies and forms of live assistance, training in mobility skills, and encouraging production of mobility aids and technologies considering all aspects of mobility.
Article 21
Freedom of expression and access to information
States shall ensure freedom of expression and opinion and access to information for persons with disabilities through accessible formats and technologies, acceptance and facilitation of sign languages, Braille, augmentative and alternative communication, urging private entities and mass media to provide accessible information, and recognizing and promoting sign languages.
Article 22
Respect for privacy
No person with disabilities shall be subjected to arbitrary or unlawful interference with privacy, family, home, correspondence or communications, or unlawful attacks on honour and reputation. States shall protect privacy of personal, health and rehabilitation information on an equal basis with others.
Article 23
Respect for home and the family
States shall eliminate discrimination in matters relating to marriage, family, parenthood and relationships. They must ensure rights to marry and found a family with free and full consent, decide freely and responsibly on number and spacing of children, access information and family planning, retain fertility, and protect rights of children with disabilities and parents with disabilities in guardianship, adoption and family life.
Article 24
Education
States recognize the right of persons with disabilities to education without discrimination and on equal opportunity, ensuring an inclusive education system at all levels and lifelong learning. They shall ensure persons with disabilities are not excluded from general education, receive reasonable accommodation and support, learn life and social development skills, including Braille, sign language, alternative communication and peer support, and ensure employment of qualified teachers including teachers with disabilities.
Article 25
Health
States recognize the right of persons with disabilities to the highest attainable standard of health without discrimination. They shall provide equal, accessible and gender-sensitive health services, including health-related rehabilitation, services needed specifically because of disabilities, services close to communities, free and informed consent, non-discriminatory health insurance and life insurance, and prevention of discriminatory denial of care.
Article 26
Habilitation and rehabilitation
States shall take effective measures to enable persons with disabilities to attain and maintain maximum independence, full abilities and inclusion through habilitation and rehabilitation, especially in health, employment, education and social services. Services shall begin at the earliest stage, be multidisciplinary, support community participation, be voluntary, available close to communities, and include training of professionals and use of assistive technologies.
Article 27
Work and employment
States recognize the equal right of persons with disabilities to work, including the opportunity to gain a living by freely chosen work in an open, inclusive and accessible labour market. They shall prohibit discrimination, protect just and favourable conditions, ensure labour and trade union rights, enable access to vocational guidance and training, promote employment and advancement, self-employment, public sector employment, private sector employment, reasonable accommodation, work experience and rehabilitation.
Article 28
Adequate standard of living and social protection
States recognize the right of persons with disabilities to an adequate standard of living and social protection without discrimination. Measures include access to clean water, services and assistance for disability-related needs, social protection and poverty reduction programmes, assistance with disability-related expenses, public housing programmes and retirement benefits.
Article 29
Participation in political and public life
States shall guarantee political rights and opportunity to enjoy them on an equal basis. They must ensure accessible voting procedures, facilities and materials, protect secret ballot and candidacy, allow assistance of a person of choice when voting, and promote participation in public affairs, NGOs, political parties and organizations of persons with disabilities.
Article 30
Participation in cultural life, recreation, leisure and sport
States recognize the right of persons with disabilities to participate equally in cultural life, recreation, leisure and sport. They shall ensure access to cultural materials, TV, films, theatre and cultural activities in accessible formats, access to cultural places, opportunity to develop creative and intellectual potential, recognition of specific cultural and linguistic identity including sign languages and deaf culture, and participation in mainstream and disability-specific sport.
Article 31
Statistics and data collection
States shall collect appropriate information, including statistical and research data, to formulate and implement policies giving effect to the Convention. Data collection must comply with legal safeguards, confidentiality and privacy, and be disaggregated and used to identify barriers. Statistics shall be disseminated and accessible to persons with disabilities and others.
Article 32
International cooperation
States recognize the importance of international cooperation and shall undertake appropriate measures in partnership with international and regional organizations and civil society, especially organizations of persons with disabilities. Measures may include inclusive international development programmes, capacity-building, exchange of information and technology, technical and economic assistance, and access to assistive technologies.
Article 33
National implementation and monitoring
States shall designate focal points within government for implementation and consider coordination mechanisms. They shall maintain or establish independent frameworks to promote, protect and monitor implementation, taking into account principles relating to national human rights institutions. Civil society, especially persons with disabilities and their representative organizations, shall be involved in monitoring.
Article 34
Committee on the Rights of Persons with Disabilities
A Committee on the Rights of Persons with Disabilities shall be established, initially of twelve experts and later eighteen after additional ratifications, serving in personal capacity with high moral standing and recognized competence. Members are elected by States Parties with equitable geographic distribution, representation of civilizations and legal systems, gender balance and participation of experts with disabilities.
Article 35
Reports by States Parties
States Parties shall submit comprehensive reports on measures taken and progress made within two years after entry into force for the State, and thereafter at least every four years and when requested. Reports may indicate factors and difficulties affecting fulfilment. States shall prepare reports through an open and transparent process and consider article 4 consultation obligations.
Article 36
Consideration of reports
The Committee shall consider each report, make suggestions and general recommendations, and transmit them to the State Party, which may respond. The Committee may request further information. If a State is significantly overdue, the Committee may notify it and examine implementation based on reliable information if no report is submitted.
Article 37
Cooperation between States Parties and the Committee
States Parties shall cooperate with the Committee and assist its members in fulfilling their mandate. The Committee shall give due consideration to ways to enhance national capacities for implementation, including through international cooperation.
Article 38
Relationship of the Committee with other bodies
To foster effective implementation and cooperation, specialized agencies and UN organs may be represented during consideration of provisions within their mandates. The Committee may invite them and other competent bodies to provide expert advice and reports, and may transmit reports to them for technical advice or assistance.
Article 39
Report of the Committee
The Committee shall report every two years to the General Assembly and the Economic and Social Council on its activities and may make suggestions and general recommendations based on reports and information received from States Parties.
Article 40
Conference of States Parties
States Parties shall meet regularly in a Conference of States Parties to consider matters concerning implementation of the Convention. The first meeting is convened by the Secretary-General no later than six months after entry into force, and subsequent meetings are convened biennially or as decided.
Article 41
Depositary
The Secretary-General of the United Nations is the depositary of the Convention.
Article 42
Signature
The Convention is open for signature by all States and by regional integration organizations at United Nations Headquarters in New York as of 30 March 2007.
Article 43
Consent to be bound
The Convention is subject to ratification by signatory States and formal confirmation by signatory regional integration organizations, and is open for accession by any State or regional integration organization that has not signed it.
Article 44
Regional integration organizations
Regional integration organizations may become parties to the Convention within their competence. They declare the extent of competence and notify changes. References to States Parties apply to such organizations within their competence, and their instruments are not counted beyond those of member States for certain thresholds.
Article 45
Entry into force
The Convention enters into force on the thirtieth day after deposit of the twentieth instrument of ratification or accession. For each State or regional integration organization ratifying, formally confirming or acceding after that deposit, it enters into force on the thirtieth day after deposit of its own instrument.
Article 46
Reservations
Reservations incompatible with the object and purpose of the Convention are not permitted. Reservations may be withdrawn at any time.
Article 47
Amendments
Any State Party may propose an amendment and submit it to the Secretary-General. If one third of States Parties favour a conference, it is convened; amendments adopted by two-thirds of those present and voting and approved by the General Assembly enter into force for accepting States under the Convention's procedure. Amendments concerning articles 34, 38, 39 and 40 have a special entry-into-force rule.
Article 48
Denunciation
A State Party may denounce the Convention by written notification to the Secretary-General. Denunciation becomes effective one year after receipt of the notification.
Article 49
Accessible format
The text of the Convention shall be made available in accessible formats.
Article 50
Authentic texts
The Arabic, Chinese, English, French, Russian and Spanish texts of the Convention are equally authentic.