Convention on the Rights of People with disabilities Health was approved by the UN General Assembly on December 13, 2006 and came into force on May 3, 2008 after being ratified by 50 states.
Russian President Dmitry Medvedev submitted the Convention on the Rights of Persons with Disabilities to the State Duma for ratification, and on April 27, 2012 the Convention was ratified by the Federation Council.
The UN Convention on the Rights of Persons with Disabilities of December 13, 2006 summarized the theory and experience of applying legislation various countries in the field of protecting the rights and freedoms of people with disabilities. To date, 112 countries have ratified it.
Within the framework of the concept of equal rights and freedoms, the Convention introduces basic concepts common to all countries related to their implementation by people with disabilities. “In accordance with Article 15 of the Constitution of the Russian Federation, after ratification the Convention will become integral part legal system of the Russian Federation, and its established provisions are mandatory for application. In this regard, the legislation of the Russian Federation must be brought into conformity with the provisions of the Convention.
The most important for us are the points for amending a number of articles of the Federal Law of November 24, 1995 No. 181-FZ “On the social protection of people with disabilities in the Russian Federation.” Establishment unified federal minimum social protection measures. Transition to new classifications of disability in order to normatively establish the degree of need of a disabled person for rehabilitation measures and reasonable adaptation of the environment. In a universal language - in the form of a system of letter codes, which will ensure the identification of the predominant types of disabilities in people with disabilities, measures to ensure accessibility of the physical and information environment for them. In my opinion, it sounds very vague. The concept of “Habilitation of the disabled” as a system and process of developing the abilities of disabled people for everyday, social and professional activities. Possibility of providing rehabilitation services by individual entrepreneurs (in accordance with Model provisions, approved by the Government of the Russian Federation) creation unified system registration of disabled people in the Russian Federation, which is already in the law, but does not “work”. Equipment necessary for a disabled person for living quarters “provided for by the federal list of rehabilitation measures, technical means of rehabilitation and services” (Article 17 No. 181-FZ).
In my opinion, declaratively, because everything has long been determined by the IRP issued to a disabled person. Amendments have also been made to a number of Federal Laws in order to promote self-employment of unemployed disabled people by allocating subsidies for starting their own business; the possibility of concluding a fixed-term employment contract with disabled people entering work, as well as with other persons who, for health reasons, in accordance with a medical certificate issued in the prescribed manner, are allowed to work exclusively of a temporary nature. Specific changes to the basic Federal laws introduced and are in force, “On the social protection of disabled people in the Russian Federation” and “On veterans”
By order of the Government of the Russian Federation of December 30, 2005. The Federal List of rehabilitation measures, technical means of rehabilitation and services provided to disabled people was “expanded” by 10 units in 2006. What is most alarming and what have we encountered in practice? Now Article 11.1 remains “mobility devices for wheelchairs. But they are already on the List!
Since 2003, bicycle and motorized wheelchairs for disabled people and manually operated cars for disabled people have “disappeared” from the list. Obviously, it was decided that compensation of 100 thousand rubles for those who managed to “join” the preferential queue for receiving special vehicles before March 1, 2005. will replace one of the vital means of rehabilitation for people with disabilities and wheelchair users.
Currently, Russia is implementing a large-scale Government program"Accessible environment" that laid the foundation social policy countries to create equal opportunities for disabled people with other citizens in all spheres of life. An analysis of the legislation currently implemented in the Russian Federation shows that it basically complies with the norms of the convention, however, there is a certain list of innovations that require proper implementation for effective implementation in the future. It is necessary to create financial, legal, as well as structural and organizational conditions for the implementation of its main provisions immediately after it becomes a component of the legal system of the Russian Federation.
Monitoring of our legislation has shown that many of the key provisions of the Convention in the field of education, employment, and the creation of a barrier-free environment are to a greater or lesser extent reflected in federal legislation. But, for example, in the field of implementation of legal capacity, restriction or deprivation of legal capacity, our legislation does not comply with the international document and requires significant changes.
It must be borne in mind that most of the declared provisions of our legislation are “dead”, due to the lack of a clear mechanism for implementing norms at the level of by-laws, the lack of regulation of interdepartmental interaction, the low efficiency of criminal, civil, administrative liability for violation of the rights of persons with disabilities and a number of others systemic reasons.
For example, the norms of Art. 15 Federal Law "On social protection of disabled people in the Russian Federation" on the creation accessible environment, or Art. 52 of the Law "On Education". Giving parents the right to choose an educational institution for their child are declarative and fragmented in nature and cannot be directly used to oblige the creation of an accessible environment for people with disabilities, or to create conditions in educational institutions for the education of children with disabilities.
It is precisely because of the lack of a well-thought-out mechanism for implementing federal norms in the field of social protection and rehabilitation of persons with disabilities, because of the different interpretations of some provisions of these norms, and because of the practically “impunished inaction” of officials that the law enforcement practice of local executive authorities is reduced to “no” " provisions of federal legislation.
As already mentioned, ratification of the Convention will lead to the need to develop a completely different state policy regarding persons with disabilities and improve federal and regional legislation.
And if we are talking about the need to bring our legislation in the field of rehabilitation, education, employment, accessible environment in accordance with the Convention, then, first of all, we need to think about how to ensure the actual implementation of these norms.
This can be ensured, in my opinion, by strict anti-discrimination government policy, which we simply do not have. It is also necessary to pay great attention to the formation of positive public opinion.
human rights disability convention
Reading time: ~7 minutes Marina Semenova 467
International legislation regulating relations between states is based on the principles of freedom from discrimination for all people in the exercise of their rights. Along with generally accepted standards, there are separate documents that directly relate to people with disabilities.
The Convention on the Rights of Persons with Disabilities is an international law treaty that defines the rights of persons with disabilities and the obligations of participating countries to promote, protect and ensure these rights. Includes the development of a social perspective, which recognizes the importance of international cooperation.
International law
Over the years of work of the UN, many regulations have been developed in the interests of disabled people. In creating legal protection, various aspects of the lives and hardships of the world's disabled population were studied. As a result, there are several dozen documents regulating the benefits of special people.
The main ones include:
- Universal Declaration of 1948 on human rights.
- The rights of the child, collected in the 1959 declaration.
- International Covenants of 1966.
- Document on social progress and development.
- The 1975 Declaration of the Rights of Persons with Disabilities is the first international treaty. Dedicated to unhealthy people of all categories. Considered the founder of the Convention on the Rights of Persons with Disabilities of December 13, 2006.
In order to become a party to the Agreement, the state signs the agreement. Signature creates an obligation to ratify it. During the period between the consolidation of the treaty and the implementation of ratification, the country must refrain from actions that would prevent the target from complying with the provisions of the treaty.
Signing and ratification can take place at any time; the deadlines are observed by the candidate country to the extent of its internal preparedness for this event. Thus, the Republic of Belarus ratified the treaty only in 2016
The next step towards becoming a party to the Agreement is ratification, which has specific measures confirming the intention to implement legal rights and the obligations contained in the world position.
Another action could be joining. It has the same legal force, like ratification, but if the country has signed the accession, then only one thing is required - the deposit of the instrument of accession.
What is the Convention on the Rights of Persons with Disabilities?
With the adoption of the 1975 Declaration, the term “disabled person” received an expanded definition. Later, during the development of the Convention, existing definition clarified and should now be understood to mean that a person has a persistent physical, mental, intellectual or sensory impairment which, in interaction with various barriers, may prevent him from fully and effectively participating in society on an equal basis with others.
The standard enshrines the privilege of each UN member state to make its own adjustments to the existing definition and clarify disability by dividing it into groups. Currently in the Russian Federation there are officially recognized 3 groups for the adult population and the category “disabled children”, which is given to minors with any of the three disability groups.
What is the Convention? This is the text of the treatise itself and the Optional Protocol supplementing it. The signing of the document for the UN member countries took place in New York in 2006. The rules allow ratification of a document in any combination.
States that have ratified the settlement are legally required to comply with the standards set out in the Persons with Disabilities Convention
2008 was the moment of signing international standard. Since May 2012, Federal Law No. 46, this act has been widespread in the Russian Federation, and this is expressed by the fact that the actions of individuals, legal entities and the state itself must take into account the principles of the Convention. According to the Constitution, all international covenants adopted by the country are superior to any domestic law.
In Russia, only the Convention was adopted without the Optional Protocol. Failure to adopt the Optional Protocol limits the freedom of disabled persons to appeal against privileges violated by government agencies after exhaustion of all domestic remedies in Russia.
Why is it needed?
The need for global standards is important to clearly communicate the protection of the socially disabled people's opportunities and to reinforce the weight of these privileges. Previously adopted standards protecting unhealthy people, and the very attitude of healthy people towards inferior citizens should have brought relief to the life of the vulnerable population.
But when looking at the picture of the life existence of disabled people, it becomes clear that this potential does not work. People with various disabilities continue to be dispossessed and kept behind by the rest of society in almost all parts of the globe.
Discrimination against people with disabilities has led to the need for a legally binding document
Outlining the legal and moral obligations of the state to its citizens with disabilities to encourage and create privileges for them.
Certain elements of these obligations should be emphasized, namely:
- Recognizing that “disability” is an evolving concept associated with behavioral and emotional barriers that prevent disabled people from participating in society. This means that disability is not fixed and can change depending on the attitude of society.
- Disability is not considered a disease, and as evidence, these individuals can be admitted as active members of society. At the same time, using the full range of its advantages. An example is the tried and tested inclusive education, which confirms this element.
- The State does not address the issue of a specific individual, but rather, through the treaty, identifies persons with long-term physical, mental, intellectual and sensory disabilities as beneficiaries, in accordance with the standard approach.
The Common Standard creates incentives to support national efforts to implement core commitments.
- A preamble that gives a decoding of the most important aspects in a general context.
- A purpose that reveals the need for a document.
- Basic provisions that provide a comprehensive disclosure of primary terms.
- General principles, used to exercise all the rights enshrined in the global standard.
- Responsibilities of the state that must be carried out in relation to special people.
- The benefits of disabled persons, designated in such a way that they are equalized with existing civil, cultural, economic, political and social rights ordinary person.
- Identification of measures that signatory countries must take to ensure favorable conditions for the realization of human potential.
- Framework for global cooperation.
- Implementation and control, which obliges to create boundaries for monitoring and implementation of the treatise.
- Final procedural points relevant to the Agreement.
An important article contained in the Covenant is the decision in all actions regarding children with disabilities to give primary consideration to the best interests of the child.
Obligations of participating States
The global standard defines general and specific obligations for participants in relation to the implementation of the rights of incapacitated persons. Based on the general obligations, signatory countries must:
- Take measures of legislative and administrative resources aimed at promoting the privileges of disabled members of society.
- Eliminate discrimination through the implementation of legislative acts.
- To protect and encourage unhealthy people through the implementation of government programs.
- Eliminate any practice of violating the privileges of people with disabilities.
- Ensure that the benefits of special people are respected at public and private levels.
- Provide access to assistive technology and training for the disabled and those helping them.
- Conduct consulting and information work in decision-making processes affecting the interests of needy disabled persons. In the Russian Federation there is a legal platform “Consultant Plus”, which works precisely in this direction.
The performance of all duties requires supervision. The treatise lays down the principle of regulation at the national and global level. For this purpose, the Committee on the Rights of Persons with Disabilities is being established at the international level. It is entrusted with the functions of reviewing periodic reports from countries on the measures they have taken to implement the chapters of the document. The Committee is also empowered to consider individual communications and conduct investigations against parties that have ratified the Optional Protocol.
Implementation of the national protection and monitoring framework of the Agreement is open. The Global Standard recognizes that such structures may vary among countries, allowing for their own framework to be established in accordance with the legal and administrative system of the state. But the Pact stipulates that any body must be independent. And the national framework must include independent national institutions on human capabilities.
Although the Treaty does not establish new privileges for the individual, it calls on countries to protect and guarantee to people with disabilities their benefits. This not only clarifies that the participant excludes discrimination against people with disabilities, but also sets out a number of measures that members of world relations must take to create favorable conditions for real equality in society. The Agreement is a much more comprehensive document than other human benefits provisions, prohibiting discrimination and ensuring equality.
Video on the topic
COMMISSIONER OF THE VERKHOVAN RADA OF UKRAINE FOR HUMAN RIGHTS
Alternative report
37. Despite repeated appeals from the Commissioner, at the beginning of the events in the east of the country the Government did not adopt a single act aimed at comprehensively resolving the issue of organized removal of disabled people who are in inpatient institutions education, healthcare, social protection systems, to safe regions of Ukraine. In this regard, today the process of evacuation of people occurs spontaneously, without appropriate financial support from the state and by forces local authorities authorities of Donetsk and Lugansk regions with the assistance of public initiatives.
38. A certain inability of the authorities to provide organizational, social and humanitarian assistance to people who, due to physical limitations and financial situation, were unable to independently leave the zone of military conflict, was compensated by supporting evacuation and rescue by volunteers and human rights organizations.
39. Together with public organizations(in particular, the NGO "Social Action Center", the NGO "Center for Civil Liberties", the NGO "Almenda", the NGO "Right to Defense", the GI "Employment Center for Free People", the NGO "Crimean Diaspora"), a Resource Center has been created in the office of the Ombudsman to help internally displaced persons, the main task of which is not only direct assistance to internally displaced persons, monitoring compliance with their rights, but also analysis of the current regulatory framework and development of necessary legislative changes.
As a result of this joint activities On-site monitoring of places of compact accommodation of Ukrainian citizens, including disabled people displaced from temporarily occupied territories and areas of the anti-terrorist operation, was carried out. During these visits to places of compact accommodation of internally displaced people, issues of housing conditions and the readiness of premises for winter, sanitary conditions, issues of registration, employment, education, payment of pensions, benefits, provision of other needs, issues of discrimination were checked. The monitoring covered 22 regions of Ukraine, including the Donetsk region.
With the organizational and coordination support of the Ombudsman's office, the resettlement of 360 disabled people to the Odessa region was ensured.
Article 12. Equality before the law
40.
Currently, Ukrainian legislation does not provide for forms of protection of the rights of adults other than guardianship who do not understand the meaning of their actions and cannot control them, in particular, forms of supported decision-making. Thus, people recognized by the court as having limited legal capacity can only make small everyday transactions, and other transactions only with the consent of the trustee. By general rule, the management of people's income is carried out by trustees (Article 37 of the Civil Code).
41. Regarding people declared incompetent, they do not have the right to make any transactions at all. Transactions on their behalf and in their interests are carried out by guardians (Article 38 of the Civil Code of Ukraine).
42. In accordance with Article 71 of the Civil Code, a guardian or trustee, when making a number of transactions relating to property rights ward must obtain appropriate permission from the guardianship and trusteeship authority. However, the legislation does not clearly define the legal grounds for granting this permission. Due to such legal uncertainty, the decision to grant permission depends entirely on the subjective assessments of guardianship and trusteeship officials, which, in turn, often leads to violations of the rights of incapacitated or partially capable people.
43. The legislation does not provide for the possibility for incapacitated people to independently apply to the court or the guardianship and trusteeship authorities, while persons with limited legal capacity are not deprived of this right. Corresponding changes to the legislation were not made even after the European Court’s decision in the case “Natalia Mikhailenko v. Ukraine” (2013), in which the Court concluded that it was legally prohibited for an incapacitated person to initiate legal proceedings to restore his legal capacity, which is contrary to paragraph 1 of Article 6 of the European Convention on Human Rights.
44. Incapacitated persons are also deprived of the right to apply to state authorities, local government, citizens' associations, enterprises, institutions, organizations, regardless of the form of ownership, the media, etc., since in accordance with Article 8 of the Law of Ukraine "On Citizens' Appeal" people declared incompetent by the court are not considered.
45. People recognized by the court as incompetent or partially capable do not have procedural capacity and cannot directly exercise their right to free legal assistance - only their guardians and trustees can apply for one of the types of legal services 3 .
46. The state does not guarantee incompetent persons the right to appeal the actions or inaction of their guardians to the court and guardianship authorities 4 , and does not provide control over the fulfillment by guardians of their duties regarding incompetent people, which makes it possible for unscrupulous guardians to abuse their position in relations with by their wards 5.
47. It should be noted that the state does not fulfill its obligations to support people with disabilities in using their legal capacity. This applies, first of all, to adults with disabilities due to mental disorders, since operating mechanism protection of this category of people consists in declaring them legally incompetent and assigning them full guardianship, when all decisions and legal actions are made by a guardian, which limits the rights of people to equality and non-discrimination, access to justice, to an independent lifestyle and inclusion in the local community , family, voting rights and the like. The restrictions given in paragraphs 44 - 47 also apply to this category of people.
48. People with disabilities generally do not have equal access to bank loans, mortgages, and other forms of financial credit. The vast majority of banking institutions, as a rule, generally refuse to provide loans to disabled people, citing their insolvency as the reason for their refusal.
Most of the premises in which bank branches are located are architecturally inaccessible for disabled people who move with the help of a cart; terminals (ATMs) are located without taking into account the possibility of using them by disabled people: they are either located too high, or are separated from the disabled consumer by stairs that he cannot independently can overcome. The information on the ATM display is inaccessible to people with visual impairments, and most bank websites, where you can carry out transactions with your own bank cards using the Internet, are also inaccessible. For people with hearing impairments, there is a problem in communicating with bank employees without outside help translator, which leads to the fact that such people do not always understand the content of the agreements they sign at the bank. For people with visual impairments, it is problematic to reproduce their own signature in the same way several times, which leads to bank employees refusing to service such clients.
49.
Relevant for legislative regulation is the gradual replacement of mechanisms ensuring complete incapacity and guardianship with the introduction of an alternative to guardianship mechanism of supported decision-making. This work requires the active involvement by the state of NGOs representing the interests of people with disabilities due to persistent mental and intellectual impairments in the process of reforming the legal framework on issues of legal capacity and the introduction of alternatives.
Article 13. Access to justice
50.
Access to justice for persons with disabilities remains limited mainly due to the architectural inaccessibility of court premises. In fact, all such premises require the adoption of additional measures related to their adaptation to the needs of low-mobility groups of the population and the creation of comfortable living conditions for them in courts.
51. GSN (V.2.2-26: 2010) on the accessibility of court buildings, which provide accessibility requirements for people with disabilities, apply only under the condition of new construction or reconstruction. At the same time, there is no mechanism for providing accessibility elements to court buildings that were built before 2010.
52. Noteworthy is the Strategic Plan for the Development of the Judiciary of Ukraine for 2013 - 2015, approved by the Council of Judges of Ukraine on December 21, 2012, one of the objectives of which is to create conditions for access to justice for people with disabilities. In this regard, there is information from the Council of Judges of Ukraine dated December 4, 2014 on conducting seminars and trainings with court employees on accessibility, instruction on the rules of behavior and providing assistance to persons with disabilities, as well as on the creation of groups of responsible employees at some courts to provide assistance to people with disabilities. At the same time, there is a lack of more detailed information about the number and content of such measures, which would make it possible to assess their effectiveness.
53. On July 4, 2012, Law No. 5041-VI 6 amended the procedural codes of Ukraine, which provide for the possibility of holding court hearings via videoconference. However, this option, given the overwhelming architectural inaccessibility of court premises and has significant prospects as a reasonable accommodation to ensure the participation of persons with disabilities in court hearings, is used by judges extremely rarely, in particular, due to the lack of appropriate equipment for courts.
54. There are legislative obstacles to the application of another reasonable accommodation measure - the holding of mobile court hearings, including in premises that are architecturally accessible to people with disabilities. Thus, the holding of mobile court hearings is provided only in criminal proceedings, but neither the current GPKU nor the KASU contain the corresponding norms.
55. National plan actions in pursuance of Article 13 of the CRPD contains only one measure - amendments to the Law of Ukraine “On Free Legal Aid”, which provides for determining the procedure for providing persons with disabilities due to delays in the development of information about the content and progress of a court case in an accessible format and ensuring personal assistance for their participation in court hearings. As of the beginning of 2015, this task remains unfulfilled despite the fact that amendments to the Law have been prepared. Despite the fact that the mentioned Law, which was adopted back in 2011, provides for the possibility of people with disabilities receiving free secondary legal assistance, the actual implementation of this provision was introduced only on July 1, 2015.
56.
On a positive note is that some categories of people with disabilities are exempt from paying court fees.
Article 14. Freedom and personal integrity
57.
The Constitution of Ukraine and current legislation, including a number of international legal treaties to which Ukraine is a party, guarantee the right to freedom and personal security for all people, including people with disabilities.
58. The new Criminal Procedure Code of Ukraine, which came into force in 2012, significantly changed the previous system of measures, in particular detention, which, according to data official statistics significantly reduced the number of people in custody.
59. In accordance with the Law of Ukraine “On Psychiatric Care”, hospitalization of persons suffering from mental disorders, to a psychiatric institution on a compulsory basis. At the same time, people recognized by the court as incompetent or partially capable do not have the opportunity to independently appeal to the court the decision to admit them to a psychiatric institution.
UN CONVENTION ON THE RIGHTS OF PERSONS WITH DISABILITIES- international document adopted by the UN General Assembly
December 13, 2006 and entered into force on May 3, 2008. Simultaneously with the Convention, the Optional Protocol to it was adopted and entered into force. As of April 2015, 154 states and the European Union were parties to the Convention, and 86 states are parties to the Optional Protocol.
With the entry into force of the Convention, the Committee on the Rights of Persons with Disabilities was established (initially consisting of 12 experts, and in connection with the number of participating countries reaching the 80 mark, expanded to 18 people) - a supervisory body for the implementation of the Convention, authorized to consider reports of states parties to the Convention, make proposals for them and general recommendations, as well as consider reports of violations of the Convention by States Parties to the Protocol.
The purpose of the Convention is to promote, protect and ensure the full and equal enjoyment by all persons with disabilities of all human rights and fundamental freedoms and to promote respect for their inherent dignity.
According to the Convention, persons with disabilities include persons with long-term physical, mental, intellectual or sensory impairments which, in interaction with various barriers, may prevent them from fully and effectively participating in society on an equal basis with others.
Definitions for the purposes of the Convention:
- - “communication” includes the use of languages, texts, braille, tactile communication, large print, accessible multimedia as well as printed materials, audio, plain language, readers, and amplification and alternative methods, methods and formats of communication, including accessible information and communication technology;
- - “language” includes spoken and signed languages and other forms of non-speech languages;
- - “discrimination on the basis of disability” means any distinction, exclusion or restriction on the basis of disability, the purpose or effect of which is to diminish or deny the recognition, realization or enjoyment on an equal basis with others of all human rights and fundamental freedoms in the political, economic, social, cultural, civil or any other area. It includes all forms of discrimination, including denial of reasonable accommodation;
- - “reasonable accommodation” means making, when necessary in a particular case, necessary and appropriate modifications and adjustments, without imposing a disproportionate or undue burden, in order to ensure that persons with disabilities enjoy or enjoy on an equal basis with others all human rights and fundamental freedoms;
- - “universal design” means the design of products, environments, programs and services to make them usable to the greatest extent possible by all people without the need for adaptation or special design. “Universal design” does not exclude assistive devices for specific disability groups where needed.
General principles of the Convention:
- - respect inherent in man dignity, his personal autonomy, including the freedom to make his own choices, and independence;
- - non-discrimination;
- - full and effective involvement and inclusion in society;
- - respect for the characteristics of people with disabilities and their acceptance as a component of human diversity and part of humanity;
- - equality of opportunity;
- - availability;
- - equality between men and women;
- - respect for the developing abilities of disabled children and respect for the right of disabled children to maintain their individuality.
General obligations of the parties to the Convention:
States Parties undertake to ensure and promote the full enjoyment of all human rights and fundamental freedoms by all persons with disabilities, without discrimination of any kind on the basis of disability. To this end, participating States undertake:
- - take all appropriate legislative, administrative and other measures to implement the rights recognized in the Convention;
- - accept everything appropriate measures, including legislative ones, to change or repeal existing laws, regulations, customs and principles that are discriminatory towards persons with disabilities;
- - take into account in all policies and programs the need to protect and promote the human rights of all persons with disabilities;
- - refrain from any actions or methods that are not in accordance with the Convention, and ensure that public authorities and institutions act in accordance with the Convention;
- - take all appropriate measures to eliminate discrimination on the basis of disability by any person, organization or private enterprise;
- - conduct or encourage research and development of goods, services, equipment and objects of universal design, the adaptation of which to the specific needs of a person with a disability requires the least possible adaptation and minimum costs, promote their availability and use, and promote the idea of universal design in the development of standards and guidelines;
- - conduct or encourage research and development, and promote the availability and use of new technologies, including information and communications technologies, mobility aids, devices and assistive technologies suitable for persons with disabilities, giving priority to low-cost technologies;
- - provide people with disabilities with accessible information about mobility aids, devices and assistive technologies, including new technologies, as well as other forms of assistance, support services and facilities;
- - encourage the teaching of the rights recognized in the Convention to professionals and staff working with people with disabilities in order to improve the provision of assistance and services guaranteed by these rights.
With regard to economic, social and cultural rights, each State Party undertakes to take measures, to the fullest extent of its available resources and, where necessary, resort to international cooperation, to progressively achieve the full realization of these rights, without prejudice to those obligations set out in the Convention , which are directly applicable under international law.
In developing and implementing legislation and policies to implement the Convention and in other decision-making processes on issues affecting persons with disabilities, States Parties shall closely consult with and actively involve persons with disabilities, including children with disabilities, through their representative organizations.
The provisions of the Convention apply to all parts of federal states without any restrictions or exceptions.
I.D. Shelkovin
Lit.: UN Convention on the Rights of Persons with Disabilities (adopted by UN General Assembly resolution No. 61/106 dated December 13, 2006); Larikova I.V., Dimensteip R.P., Volkova O.O. Adults with mental disorders in Russia. Following in the footsteps of the Convention on the Rights of Persons with Disabilities. M.: Terevinf, 2015.
Ad Hoc Committee on a Comprehensive and Integrated International Convention for the Protection and Promotion of the Rights and Dignity of Persons with Disabilities
Eighth session
New York, August 14–25, 2006
Interim report of the Ad Hoc Committee on the Comprehensive Integrated International Convention for the Protection and Promotion of the Rights and Dignity of Persons with Disabilities on the work of its eighth session
I. Introduction
1. In its resolution 56/168 of 19 December 2001, the General Assembly decided to establish an Ad Hoc Committee on a comprehensive, single international convention for the protection and promotion of the rights and dignity of persons with disabilities, based on integrated approach to work in the field of social development, human rights and non-discrimination and taking into account the recommendations of the Commission on Human Rights and the Commission for Social Development.
2. In its resolution 60/232 of 23 December 2005, the General Assembly decided that the Ad Hoc Committee, within existing resources, would hold two sessions in 2006, prior to the sixty-first session of the General Assembly: one of 15 working days from 16 January to 3 February , in order to fully complete the reading of the draft convention prepared by the Chairman of the Ad Hoc Committee, and one lasting 10 working days from 7 to 18 August.
3. At its seventh session, the Ad Hoc Committee recommended that the eighth session be held from 14 to 25 August 2006.
II. Organizational matters
A. Opening and duration of the eighth session
4. The Ad Hoc Committee held its eighth session at United Nations Headquarters from 14 to 25 August 2006. During its session, the Ad Hoc Committee held 20 meetings.
5. The substantive secretariat of the Ad Hoc Committee was provided by the Division for Social Policy and Development of the Department of Economic and Social Affairs, and the secretariat services for the Ad Hoc Committee were provided by the Disarmament and Decolonization Branch of the Department for General Assembly and Conference Management.
6. The eighth session of the Ad Hoc Committee was opened by the Chairman of the Committee, Don Makai, Ambassador of New Zealand.
B. Officials
7. The Bureau of the Special Committee continued to consist of the following officials:
Chairman:
Don Makai (New Zealand)
Deputy Chairmen:
Jorge Ballestero (Costa Rica)
Petra Ali Dolakova ( Czech Republic)
Muataz Hiasat (Jordan)
Fiola Hoosen (South Africa)
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