Disability Rights

Anasayfa

United Nations

Disability Rights

United Nations

International Convention on the Rights of Persons with Disabilities

Entrance

States parties to the Convention,

(a) Recalling the inherent dignity, worth and equal and inalienable rights of all members of the human family as enshrined in the Charter of the United Nations as the basis of freedom, justice and peace in the world,

(b) Considering that the United Nations, the Universal Declaration of Human Rights and the International Covenant on Human Rights have declared and accepted that everyone has the right to enjoy all the rights and freedoms set forth in them without distinction,

(c) Reaffirming the universality, indivisibility and interdependence of all human rights and the need to ensure that persons with disabilities enjoy these rights without discrimination of any kind;

(d) International Covenant on Economic, Social and Cultural Rights, International Covenant on Civil and Political Rights, International Covenant on the Elimination of All Forms of Racial Discrimination, Convention on the Elimination of All Forms of Discrimination Against Women, Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment Considering the Convention, the Convention on the Rights of the Child and the International Convention for the Protection of the Rights of All Migrant Workers and Members of their Families,

(e) Recognizing that disability is an evolving concept and that disability results from the interaction between persons with physical or mental disorders and behavioral and environmental barriers that prevent them from participating fully and effectively in society on an equal basis with others;

(f) The principles and policy recommendations set out in the World Program of Action on Persons with Disabilities and the Standard Rules on the Equalization of Opportunities for Persons with Disabilities shall include policies, plans, programs and programs at the national, regional, and international levels to further equalize opportunities for persons with disabilities; Recognizing their importance in influencing the processes of promoting, creating and evaluating actions,

(g) Emphasizing the importance of including disability-related issues as an integral part of relevant sustainable development strategies,

(h) Recognizing also that discrimination against a person on the basis of his or her disability is a violation of the inherent dignity and worth of the human person,

(i) Considering that there are differences between persons with disabilities,

(j) Recognizing the need to promote and protect the human rights of all persons with disabilities, including those in need of greater support,

(k) Concerned that, despite various documents and commitments, people with disabilities continue to face barriers and violations of human rights around the world in their participation as equal members of society,

(l) Recognizing the importance of international cooperation in order to improve the living conditions of persons with disabilities in all countries, particularly in developing countries,

(m) The valued present and potential contributions of persons with disabilities to the well-being and diversity of the society in which they live and the full enjoyment of human rights and fundamental freedoms by persons with disabilities and the full participation of persons with disabilities will strengthen a sense of belonging and contribute to significant progress in the human, social and economic development of society and the eradication of poverty. Considering that it will lead to the removal of

(n) Considering the importance for persons with disabilities of their individual autonomy and independence, including the freedom to make their own choices,

(o) Considering that persons with disabilities should be given the opportunity to participate effectively in policy and program decision-making, including those that directly affect them,

(p) Expressing its concern at the difficult conditions faced by persons with disabilities who face multiple or intense forms of discrimination on the basis of race, colour, sex, language, religion, political or other opinion, national, ethnic, indigenous or social origin,

(q) Considering that women and girls with disabilities are often at greater risk of violence, injury or abuse, neglect or negligent treatment, ill-treatment or abuse, both at home and outside the home

(r) Recognizing that children with disabilities should enjoy the full enjoyment of all human rights and fundamental freedoms on an equal basis with other children, and recalling the obligations undertaken to this end by States parties to the Convention on the Rights of the Child,

(s) Emphasizing the need to include a gender perspective in all efforts to promote the full enjoyment of human rights and fundamental freedoms by persons with disabilities,

(t) By emphasizing the fact that the majority of persons with disabilities live in poverty and, in this context, eliminating the negative impact of poverty on persons with disabilities.

Recognizing the importance of

(u) Considering that conditions of peace and security based on full respect for the purposes and principles embodied in the Charter of the United Nations and the observance of relevant human rights instruments are of paramount importance for the full protection of persons with disabilities, particularly during war and occupation,

(v) Recognizing the importance of the availability of the physical, social, economic and cultural environment, health, education and information and communication for persons with disabilities to fully enjoy all human rights and fundamental freedoms,

(w) Considering that the individual who has duties to other persons and to the society to which he belongs is obliged to endeavor to promote and comply with the rights recognized in the International Covenant on Human Rights,

(x) Considering that the family is the natural and fundamental group of society and should be protected by society and the State, and that the necessary protection and assistance should be provided for persons with disabilities and their family members so that families can contribute to the full and equal enjoyment of the rights of persons with disabilities,

(y) A comprehensive and integrated international convention to protect and promote the rights and dignity of persons with disabilities will make an important contribution to the elimination of the great social disadvantage faced by persons with disabilities and to equal opportunities in civil, political, economic, social and civil, political, economic, social, and developing countries. Based on the view that it will encourage their participation in cultural and have agreed as follows:

Article 1

Aim

The purpose of this Convention is to promote, protect and ensure the 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 are persons with long-term physical, mental, mental or sensory impairments that may prevent them from participating fully and effectively in society on an equal basis with others due to their interaction with various disabilities.

Article 2

Definitions

For the purposes of this Agreement:

“Communication” includes written, spoken, plain language, human-readable and amplified, and alternative forms of communication methods, means and forms, including languages, displayed text, tactile communication, large print, accessible multimedia, as well as accessible information and communication technology;

“Language” includes spoken and sign languages and all other forms of non-spoken language;

“Discrimination based on disability” means the enjoyment or enjoyment of all human rights and fundamental freedoms on an equal basis with others, in the political, economic, social, cultural, civil or any other field, and which aims at or has the effect of impairing or nullifying the recognition of these rights and freedoms. means discrimination, exclusion or restriction on the basis of disability. It covers all forms of discrimination, including the refusal to provide reasonable facilities;

“Reasonable opportunities” means necessary and appropriate changes and adjustments that do not create a disproportionate or undue burden if necessary in a particular situation to enable persons with disabilities to enjoy or enjoy all human rights and fundamental freedoms on an equal basis with others.

“General design” means the design of products, environments, programs and services to the maximum extent possible by all persons without the need for adaptation or special design. The “general design” also includes assistive devices prepared for a specific group of persons with disabilities, if necessary.

Article 3

General principles

The principles of this Agreement are as follows:

(a) Respect for one's inherent dignity, individual autonomy, including freedom to make one's own choices, and independence of persons;

(b) Non-discrimination;

(d) Respect and recognition of the diversity of persons with disabilities within the framework of human diversity and humanity;

(e) Equal opportunity;

(f) Accessibility;

(g) Equality between men and women;

(h) Respect the developmental capacity of children with disabilities and respect the right of children with disabilities to preserve their identity.

Article 4

General obligations

States Parties undertake to ensure and promote the full realization of all human rights and fundamental freedoms for all persons with disabilities without discrimination of any kind based on disability. To this end, States Parties undertake to:

(a) Take all necessary legislative, administrative and other measures to enforce the rights recognized in this Agreement;

(b) Take all necessary measures, including legislation, to amend or repeal existing laws, regulations, customs and practices that discriminate against persons with disabilities;

(c) All consider the protection and promotion of the human rights of persons with disabilities in policies and programmes;

(d) refraining from any act or practice inconsistent with this Agreement and ensuring that public authorities and bodies act in accordance with this Agreement;

(e) Take all necessary measures to end discrimination against persons with disabilities by any person, organization or private enterprise;

(f) Goods and services defined in Article 2 of this Convention that are generally designed to meet the special needs of persons with disabilities, encourage their availability and use, and to encourage general design in the development of standards and rules, which will require the minimum possible adaptation and lowest cost; research and development or promotion of equipment and facilities;

(g) Research and development or encouragement of new technologies, including information and communication technologies, mobility aids, devices and assistive technologies suitable for persons with disabilities, and support their discovery and use, prioritizing cost-effective technologies;

(h) Providing people with disabilities with accessible information on assistive devices, devices and assistive technologies for mobility, including new technologies, as well as other forms of assistance, support services and facilities;

(i) Encouraging professionals and staff providing services for persons with disabilities to receive training on these rights so that they can better deliver the assistance and services guaranteed by the rights recognized in this Convention;

To the fullest extent of its available resources and, where necessary, within the framework of international cooperation, to ensure the full realization of these rights in a phased manner, without adversely affecting the obligations of each State Party regarding economic, social and cultural rights in this Convention, which must be fulfilled immediately in accordance with international law. undertakes to take measures to

States Parties should engage, through their representative organizations, in close consultation and involvement with persons with disabilities, including children with disabilities, in the formulation and implementation of legislation and policies to implement this Convention, and in other decision-making processes involving persons with disabilities.

Nothing in this Convention shall affect any provision in the law of a State Party or in the international law applicable to that State that may be more beneficial to the realization of the rights of persons with disabilities. Any human rights and fundamental freedoms recognized or existing in a State Party to this Convention may in no way be restricted or violated, pursuant to law, convention, regulation or custom, on the ground that this Convention does not recognize or only recognizes such rights or freedoms. cannot be violated.

The provisions of this Agreement cover, without limitation or exception, all parts of the federal states.

Article 5

Equality and non-discrimination

States Parties recognize that all persons are equal before the law and are entitled to equal protection and enjoyment by law without any discrimination.

States parties should prohibit all discrimination on the basis of disability and ensure that persons with disabilities are provided with equal and effective legal protection against discrimination on all grounds.

States parties should take all necessary steps to ensure that reasonable opportunities are provided to promote equality and end discrimination.

Special measures necessary to accelerate or realize the de facto equality of persons with disabilities shall not be considered as discrimination under the provisions of this Convention.

Article 6

Disabled women

States Parties recognize that women and girls with disabilities face various forms of discrimination and will take measures to ensure that women and girls with disabilities enjoy the full and equal enjoyment of all human rights and fundamental freedoms.

States Parties shall take all necessary measures to ensure the full development, advancement and competence of women in order to ensure their enjoyment and enjoyment of the human rights and fundamental freedoms set forth in this Convention.

Article 7

children with disabilities

States Parties shall take all necessary measures to ensure that children with disabilities enjoy the full enjoyment of all human rights and fundamental freedoms on an equal basis with other children.

In all measures taken with regard to children with disabilities, the interests of children will be the main consideration.

States parties, age and maturity of children with disabilities

They will ensure that they have the right to freely express their views on all matters affecting them, on an equal basis with other children, by giving due importance to their views according to their level of disability, and that children with disabilities are provided with disability assistance and age-appropriate assistance in order to realize this right.

Article 8

Awareness Raising

States Parties undertake to take urgent, effective and appropriate measures to:

(a) Raising public awareness of persons with disabilities, including at the family level, and promoting respect for the rights and dignity of persons with disabilities;

(b) Combating stereotypes, prejudices and harmful practices regarding persons with disabilities, including those related to gender and age, in all areas of life;

Measures to be taken for this purpose include:

(a) Initiating and maintaining effective public awareness campaigns aimed at:

(i) Ensuring that the rights of persons with disabilities are recognized;

(ii) Promoting positive perceptions and greater social awareness of persons with disabilities;

(iii) Ensuring that the skills, merits and abilities of persons with disabilities and their contribution to the workplace and labor market are recognized;

(b) Reinforcing behavior towards respecting the rights of persons with disabilities at all levels of the education system, including all young children;

(c) Encouraging all media outlets to include persons with disabilities in their news and programs in line with the purpose of this Convention;

(d) Promote awareness and education programs on persons with disabilities and their rights.

Article 9

Accessibility

In order for persons with disabilities to live independently and to participate fully in all aspects of life, States Parties must ensure that persons with disabilities have access to the physical environment, transport, information and communication, including information and communication technologies and systems, and other information and communication technologies and systems open to the public, on an equal basis with others, in urban and rural areas. These measures, which will include identifying and removing barriers and difficulties to access, will apply, among other things, to:

(a) Buildings, roads, transportation and other indoor and outdoor facilities, including schools, residences, healthcare facilities and workplaces;

(b) Information, communications and other services, including electronic services and emergency services.

States Parties shall take the necessary measures for the following purposes:

(a) establishing, issuing and monitoring the implementation of minimum standards and rules on the accessibility of facilities and services provided or in the public domain;

(b) Ensuring that private entities that are open to the public or that provide facilities or services consider all aspects of access for persons with disabilities;

(d) Placing easily legible and understandable signs in Braille on buildings and other facilities open to the public;

(e) Providing assistants and agents, including guides, readers and professional sign language translators, to facilitate access to public buildings and other facilities;

(f) Promoting other appropriate forms of assistance and support for persons with disabilities to ensure their access to information;

(g) Encouraging persons with disabilities to benefit from new information and communication technologies, including the Internet;

(h) Encourage the early design, development, production and distribution of accessible information and communication technologies and systems so that they can be utilized at minimum cost.

Article 10

Right to Live

States Parties reaffirm that every person has the inherent right to life and will take all necessary measures to ensure that persons with disabilities can effectively enjoy this right on an equal basis with others.

Article 11

Humanitarian emergencies and dangerous situations

States Parties shall take all necessary measures to ensure the protection and safety of persons with disabilities in dangerous situations, including in situations of war, humanitarian emergencies and the occurrence of natural disasters, in accordance with their obligations under international law, including international humanitarian law and international human rights law. they will receive.

Article 12

Equal recognition before the law

States Parties reaffirm that persons with disabilities have the right to be recognized everywhere as persons before the law.

States Parties shall ensure that persons with disabilities are entitled to equal rights with others in all spheres of life.

They acknowledge that they have the right.

States Parties shall take appropriate measures to ensure that persons with disabilities receive the support they may need to exercise their legal capacity.

States Parties shall ensure that all measures relating to the exercise of legal capacity include appropriate and effective mechanisms for the prevention of abuse, in accordance with international human rights law. These mechanisms ensure that measures related to the exercise of legal capacity respect the rights, will and preferences of the person, are free from any conflict of interest and undue influence, are appropriate and proportionate to the person's circumstances, are implemented for the shortest possible time, and are followed by a competent, independent and impartial action. ensure that they are regularly reviewed by the authority or judicial body. These mechanisms shall be commensurate with the extent to which these measures affect the rights and interests of the individual.

Subject to the provisions of this article, States Parties shall take all necessary and effective measures to ensure that persons with disabilities have equal rights to own or inherit property, supervise their own financial affairs, and enjoy equal access to bank loans, mortgages and other forms of financial loans, and ensure that their property is not arbitrarily taken away.

Article 13

Access to justice

States Parties shall ensure that persons with disabilities have effective access to justice on an equal basis with others, including through the provision of procedural and age-appropriate facilities, to facilitate their active role as direct or indirect participants in investigations and other preliminary as well as in all legal proceedings.

States Parties shall promote appropriate training for persons working in the administration of the judiciary, including police and prison staff, to assist persons with disabilities in effective access to justice.

Article 14

Freedom and security of the person

States Parties require persons with disabilities, on an equal basis with others, to:

(a) enjoy the right to personal liberty and security;

(b) ensure that they are not unlawfully or arbitrarily deprived of their liberty and that any deprivation of liberty is lawful and that a disability in no way justifies deprivation of liberty.

States Parties shall ensure that persons with disabilities who are deprived of their liberty as a result of any legal treatment are entitled, on an equal basis with others, to guarantees in accordance with international human rights law and to be treated in accordance with the purposes and principles of this Convention, including the provision of reasonable opportunities.

Article 15

Not subject to torture or cruel, inhuman or degrading treatment or punishment

No one should be subjected to torture or to cruel, inhuman or degrading treatment or punishment. In particular, no one should be subjected to medical or scientific experimentation without his own free consent.

States Parties shall take all effective legislative, administrative, judicial or other measures, on an equal basis with others, to prevent persons with disabilities from torture or cruel, inhuman or degrading treatment or punishment.

Article 16

Not to be exposed to abuse, violence and harassment

1. States Parties shall take all necessary legislative, administrative, social, educational and other measures to protect persons with disabilities from all forms of abuse, violence and harassment, including gender-related aspects, at home and outside the home.

2. States Parties, as well as all forms of abuse, by providing appropriate gender and age-related assistance and support for persons with disabilities and their families and carers, including, among other things, the provision of information and education on the prevention, detection and reporting of abuse, violence and harassment; take all necessary measures to prevent violence and harassment.

3. States Parties shall ensure that all facilities and programs aimed at providing services to persons with disabilities are effectively monitored by independent authorities in order to prevent all forms of abuse, violence and harassment from occurring.

4. States Parties shall take all appropriate measures to promote the physical, mental and psychological recovery, rehabilitation and reintegration of persons with disabilities who have been subjected to any form of abuse, violence or harassment, including through the provision of protection services. This recovery and reintegration will take place in an environment that fosters one's health, well-being, self-esteem, dignity and autonomy and takes into account gender and age-related needs.

5. States Parties shall implement effective legislation and policies, including legislation and policies for women and children, to ensure that cases of abuse, violence and harassment against persons with disabilities are identified, investigated and, where appropriate, brought to justice.

Article 17

Protecting the integrity of the person

Every person with a disability has the right to respect for his or her physical and mental integrity on an equal basis with others.

Article 18

Nationality and freedom of travel

1. States Parties shall recognize the right of persons with disabilities to freedom of movement on an equal basis with others and to the freedom to choose their place of residence and nationality by providing persons with disabilities with the following opportunities:

(a) They have the right to obtain and change a nationality and are not arbitrarily deprived of their nationality or because of their disability;

(b) They are not deprived of their ability to obtain, carry and use documents of their nationality or other identity documents because of their disability, or to use relevant processes such as immigration procedures that may be necessary to facilitate the exercise of the right to freedom of movement;

(d) they are not arbitrarily deprived of their right to enter their country or because of their disability.

2. Children with disabilities should be registered immediately after birth and have the right to be given a name at birth, the right to acquire the nationality of a country and, to the extent possible, the right to know and be cared for by their parents.

Article 19

Independent living and inclusion in society

The States Parties to the present Covenant recognize that all persons with disabilities have the equal right to live in the community by making equal choices with others, and to ensure that persons with disabilities can fully enjoy this right and facilitate their full inclusion and participation in society, including the provision of: shall take effective and appropriate measures:

(a) Persons with disabilities have the opportunity to choose their place of residence and where and with whom they will live on an equal basis with others, and are not required to reside in a designated place;

(b) Persons with disabilities have access to domestic, residential and other total support services, including personal assistance necessary to support their life and inclusion and prevent social isolation and exclusion;

(c) Community services and facilities for citizens are equally accessible to and meet the needs of persons with disabilities.

Article 20

Personal mobility possibilities

States Parties shall take effective measures to ensure that persons with disabilities have the opportunity for personal mobility that provides the greatest possible independence, including:

(a) Facilitating the personal mobility of persons with disabilities in the manner and time of their choice and also at a cost they can afford;

(b) Facilitate the access of persons with disabilities to quality mobility aids, devices, assistive technologies and assistance provided by persons and agents, including at a cost they can afford;

(c) Provide mobility skills training for persons with disabilities and specialist personnel serving persons with disabilities;

(d) Organizations producing mobility devices, devices and assistive technologies, persons with disabilities

Encourage them to take into account all aspects of their business.

Article 21

Freedom of expression and opinion and access to information

States Parties recognize the right of persons with disabilities to freedom of opinion and expression, including freedom to seek, receive and express information and ideas, on an equal basis with others and through any form of communication they choose, as defined in Article 2 of this Convention. They will take all necessary precautions to:

(a) The provision of publicly available information to persons with disabilities in a timely manner and at no additional cost, using accessible formats and technologies appropriate for different types of disability;

(b) Adopting and facilitating the use of sign languages, Braille, augmentative and alternative communication, and any other available means, styles and forms of their choice in official correspondence and communication with persons with disabilities;

(c) Encouraging private institutions serving the public, including the Internet, to provide information and services in a form accessible and usable by persons with disabilities;

(d) Encouraging mass media, including those providing information on the Internet, to make the services they provide available to persons with disabilities;

(e) Adoption and promotion of sign-based languages.

Article 22

Respect for privacy

1. No person with a disability should be subjected to arbitrary or unlawful interference with his privacy, family, home or correspondence or other communications, or to unlawful attacks on his honor and reputation, regardless of his place of residence or living arrangements. Persons with disabilities have the right to be protected by law against such interference or attacks.

2. States Parties shall protect the confidentiality of personal, health or rehabilitation information on an equal basis with others.

Article 23

Respect for home and family

1. States Parties shall take effective and appropriate measures to eliminate, on an equal basis with others, discrimination against persons with disabilities in all matters relating to marriage, family, parenting and relationships, so as to:

(a) Recognition of the right of all persons with disabilities of marriageable age to marry and to found a family, with the free and full consent of their chosen spouse;

(b) Recognition of the right of persons with disabilities to decide freely and responsibly about the number of children and when they will be born, and to access age-related information and education on reproductive and family planning, and provide the necessary facilities to exercise these rights;

2. States Parties shall ensure that persons with disabilities have rights and responsibilities regarding guardianship, guardianship, adoption or similar arrangements where these concepts exist in national law, and in all cases the best interests of the child shall be paramount. States Parties shall provide persons with disabilities with the necessary assistance in meeting their child-rearing responsibilities.

3. States Parties shall ensure that children with disabilities have equal rights to family life. To realize these rights and to ensure that children with disabilities are kept, abandoned, neglected and separated from other children, States Parties are committed to providing early and comprehensive information, services and support to children with disabilities and their families.

4. States Parties shall ensure that a child is not separated from his or her parents against their will, unless the competent authorities determine, based on a judicial review, in accordance with applicable laws and procedures, that such separation is in the best interests of the child. Under no circumstances shall a child be separated from his or her parents because of the disability of the child or the mother, father or both.

5. States Parties undertake to make every effort to ensure that they are cared for by other relatives if their parents are unable to care for a child with a disability, or if this is not possible, to be cared for in a family setting in the community.

Article 24

Education

1. States Parties recognize the right of persons with disabilities to education. In order to realize this right without discrimination and on the basis of equal opportunity, States Parties shall provide for a comprehensive education system at all levels and lifelong learning aimed at:

(a) The full development of human potential and a sense of dignity and self-worth and the strengthening of respect for human rights, fundamental freedoms and human diversity;

(b) The full development of the personality, skills and creativity of persons with disabilities, as well as their mental and physical abilities;

2. States Parties shall provide for the realization of this right:

(a) Persons with disabilities are not excluded from the general education system because of their disability, and children with disabilities are not deprived of free and compulsory primary or secondary education because of their disability;

(b) Persons with disabilities have access to comprehensive, quality and free primary and secondary education on an equal basis with others in their communities;

(d) Persons with disabilities receive the necessary support to facilitate their effective education within the general education system;

(e) Providing effective personalized support measures in environments that maximize academic and social development consistent with the purpose of inclusion.

3. States Parties shall ensure that persons with disabilities learn life and social development skills to facilitate their full and equal participation in education and as members of society. To this end, States Parties shall take the necessary measures, including:

(a) Facilitating the learning of Braille, alternative writing and alternative amplifying and alternative communication methods, tools and forms, orientation and movement skills, and peer support and referral;

(b) Facilitating the learning of sign language and promoting the language identity of the deaf;

(c) Ensuring that the education of the visually, deaf or visually impaired, and especially children, is provided in the languages most appropriate for the individual, using communication methods and tools, and in environments that maximize academic and social development.

4. To assist in the realization of this right, States Parties shall take appropriate measures to employ teachers trained in sign language and/or Braille, including teachers with disabilities, and to train professionals and staff at all levels of education. This training will include disability awareness and the use of appropriate elective and alternative methods, tools and forms, training techniques and materials to support people with disabilities.

5. States Parties shall ensure that persons with disabilities have access to general higher education, vocational training, adult learning and lifelong learning without discrimination and on an equal basis with others. To this end, States Parties shall ensure that reasonable facilities are provided for persons with disabilities.

Article 25

Health

States Parties recognize that persons with disabilities have the right to enjoy the highest attainable standard of health without discrimination on the basis of disability. States Parties shall take all appropriate measures to ensure that persons with disabilities have access to gender-sensitive health services, including health-related rehabilitation. States Parties shall, in particular:

(a) The provision of free or affordable health services and programs to persons with disabilities of the same field, quality and standard as provided to others, including in the area of sexual and reproductive health and population-based public health programmes;

(b) The provision of health services that persons with disabilities particularly need because of their disability, including services aimed at minimizing disability or preventing others, including children and older persons, and, where appropriate, early identification and intervention;

(c) The provision of these health services as close as possible to people's own communities, including those in rural areas;

(d) Healthcare professionals with disabilities, including those obtained on the basis of free and informed consent, by raising awareness of, inter alia, the human rights, dignity, autonomy and needs of persons with disabilities through education and the publication of professional standards for public and private health care. being asked to provide the same quality of health care as others;

(e) Prohibition of discrimination against persons with disabilities in the provision of life insurance and health insurance, which must be provided fairly and reasonably if such insurance is permitted under national law;

(f) Preventing discriminatory denial of health care, health care, food and fluids on the basis of disability.

Article 26

Adaptation and Rehabilitation

1. States Parties shall take effective and appropriate measures, including the support of persons of equal status, to enable persons with disabilities to achieve and maintain maximum independence and full physical, mental, social and occupational capabilities and to participate fully in all aspects of life. To this end, States Parties, in particular health, employment, education and social They will organize, strengthen and expand the comprehensive adaptation and rehabilitation services and programs in the field of provincial services so that these services and programs have the following characteristics:

(a) These services and programs will begin at the earliest possible stage and will be based on individual needs and assessments of benefits across the various branches;

(b) Promote participation and inclusion in society and in all aspects of life, are voluntary, and are provided to persons with disabilities as close as possible to their residential area, including in rural areas.

2. States Parties shall encourage the provision of preliminary and continuing education for professionals and staff working in the field of integration and rehabilitation services.

3. States Parties shall encourage the availability, information and use of assistive devices and technologies designed for persons with disabilities related to adaptation and rehabilitation.

Article 27

work and employment

1. States Parties recognize that persons with disabilities have the right to work on an equal basis with others. This right includes the right to earn a living by working in a job that is freely chosen or accepted in a labor market and work environment that is open to, inclusive and accessible to persons with disabilities. States Parties shall promote and protect the realization of the right to work for all, including those injured in employment, by taking the necessary steps, including legislation, to achieve the following objectives:

(a) Prohibition of discrimination on the basis of disability in all matters relating to all forms of employment, including conditions of employment, hiring and employment, continued employment, advancement and safe and healthy working conditions;

(b) Protecting the rights of persons with disabilities to enjoy fair and favorable employment on an equal basis with others, including equal pay and equal opportunities for work of equal value, healthy and safe working conditions, including protection from harassment, and the rectification of injustice;

(c) Ensuring that persons with disabilities can exercise their labor and trade union rights on an equal basis with others;

(d) Persons with disabilities can benefit effectively from general technical and vocational orientation programmes, job placement services and vocational and continuing education;

(e) Promoting labor market employment opportunities and advancement opportunities for persons with disabilities, as well as providing assistance in finding, working and returning to work;

(f) Creating opportunities for self-employment, entrepreneurship, cooperatives and self-employment;

(g) Employment of persons with disabilities in the public sector;

(h) Promote private sector employment of persons with disabilities through appropriate policies and measures, which may include affirmative action programmes, incentives and other measures;

(i) Ensuring reasonable facilities are available for persons with disabilities in the workplace;

(j) Encouraging persons with disabilities to gain work experience in the open labor market;

(k) Promote vocational and professional rehabilitation, work and return to work programs for persons with disabilities;

2. States Parties shall ensure that persons with disabilities are not used as slaves or servants and are protected on an equal basis with others against forced or compulsory labor.

Article 28

Adequate standard of living and social protection

1. States Parties recognize that persons with disabilities have the right to an adequate standard of living, including adequate food, clothing and housing, for themselves and their families, and to the continual improvement of their living conditions, and to promote the realization of this right without any discrimination on the basis of disability; and will take the necessary steps to protect it.

2. States Parties recognize that persons with disabilities have the right to social protection and to enjoy this right without discrimination on the basis of disability, and will take steps to promote and protect the realization of this right, including measures to:

(a) Ensure that persons with disabilities have equal access to clean water and access to necessary and affordable services, devices and other assistance to address disability-related needs;

(b) Ensuring that persons with disabilities, particularly women and girls with disabilities and older persons with disabilities, benefit from social protection and poverty reduction programmes;

(c) Ensuring that persons with disabilities living in poverty and their families benefit from State assistance for disability-related expenses, including adequate education, counselling, financial assistance and respite care assistance;

(d) Ensure that persons with disabilities benefit from social housing programmes cost;

(e) Ensuring that persons with disabilities enjoy equal access to retirement opportunities and programs.

Article 29

Participation in political and social life

States Parties shall ensure that persons with disabilities have political rights and the opportunity to enjoy them on an equal basis with others, and commit to:

(a) Enabling persons with disabilities to participate effectively and fully in political and social life on an equal basis with others, directly or through freely chosen representatives, including the right and opportunity to vote and be elected, by:

(i) Ensuring that voting procedures, locations and materials are appropriate, accessible and easily understandable and usable;

(ii) Protecting the right of persons with disabilities to vote in secret elections and referenda without pressure, to stand for election, to function effectively at all levels of government and to perform all public functions, and to facilitate the use of assistive and new technologies where necessary;

(iii) Ensuring the free expression of their will as voters by persons with disabilities and for this purpose allowing them to vote with the assistance of a person of their own choosing, at their request, when necessary;

(b) Promote an environment in which persons with disabilities can participate effectively and fully in the conduct of public affairs without discrimination and on an equal basis with others, and encourage the participation of persons with disabilities in public affairs, including:

(i) Participation in non-governmental organizations and associations related to social and political life in the country and in the activities and management of political parties;

(ii) Establishing and membership in organizations for persons with disabilities to represent persons with disabilities at international, national, regional and local levels.

Article 30

Cultural life, recreation, entertainment and participation in sports

1. States Parties recognize the right of persons with disabilities to participate on an equal basis with others in cultural life and shall take all appropriate measures to ensure that persons with disabilities enjoy:

(a) Making use of cultural materials in accessible forms;

(b) Making use of television programmes, films, theater and other cultural activities in accessible forms;

(c) Entry to places for cultural plays or services, such as theatres, museums, cinemas, libraries and tourism services, and to monuments and places of national cultural significance as far as possible.

2. States Parties shall take the necessary measures to ensure that persons with disabilities have the opportunity to develop and use their creative, artistic and intellectual potential not only for their own benefit, but also for the enrichment of society.

3. States Parties shall take all appropriate steps, in accordance with international law, to ensure that laws protecting intellectual property rights do not create an unreasonable or discriminatory barrier to the enjoyment of cultural material by persons with disabilities.

4. Persons with disabilities have the right, on an equal basis with others, to have their particular cultural and linguistic identity recognized and promoted, including sign language and deaf culture.

5. States Parties shall take the necessary measures to enable persons with disabilities to participate in recreational, recreational and sporting activities on an equal basis with others to:

(a) Encouraging and encouraging the maximum possible participation of persons with disabilities in extensive sporting activities at all levels;

(b) Ensuring that persons with disabilities have the opportunity to organize, develop and participate in sports and recreational activities related to their disability and to ensure that appropriate instruction, training and resources are provided on an equal basis with others for this purpose;

(d) Ensuring that children with disabilities participate on an equal basis with other children in play, recreation, recreation and sport, including such activities in the school system;

(e) Ensuring that persons with disabilities benefit from the services of persons involved in the organization of recreation, tourism, entertainment and sports activities.

Article 31

Statistics and data collection

1. States Parties undertake to collect appropriate information, including statistical and research data, so that they can formulate and implement policies for the enforcement of this Convention. The process of collecting and maintaining this information:

(a) Comply with legally established rules, including data protection legislation, to ensure the privacy and respect for the lives of persons with disabilities;

(b) The collection and use of statistical data shall comply with internationally accepted rules for the protection of human rights, fundamental freedoms and professional principles.

2. Gather in accordance with this article The information will be separated as necessary and used to assist States Parties to evaluate the implementation of their obligations under this Convention and to identify and find solutions to the obstacles faced by persons with disabilities in exercising their rights.

3. States Parties shall assume responsibility for the dissemination of these statistical data and ensure that persons with disabilities and others benefit from them.

Article 32

international cooperation

1. States Parties recognize the importance of and encouragement of international cooperation in supporting national work towards the realization of the aims and objectives of this Convention, and in this regard, between States and, where appropriate, with relevant international and regional organizations and non-governmental organisations, in particular organizations of persons with disabilities. will take appropriate and effective measures in partnership. These measures may include, among other things:

(a) Ensuring that international cooperation, including international development programmes, is inclusive and accessible to persons with disabilities;

(b) Facilitate and support capacity building, including through the exchange and sharing of knowledge, experience, training programs and best practices;

(d) Sharing and facilitating the access and sharing of accessible and assistive technologies, and providing technical and economic assistance as appropriate, including technology transfer.

2. The provisions of this article shall not adversely affect the performance of each State Party in its obligations under this Convention.

Article 33

National implementation and monitoring

1. States Parties shall designate one or more governmental authorities for matters relating to the implementation of this Convention, in accordance with their regulatory systems, and shall take into account the establishment or designation of a coordination mechanism within the government to facilitate relevant work in various fields and at different levels.

2. States Parties shall implement, strengthen, determine or establish a framework, including one or more independent mechanisms, for the promotion, protection and monitoring of this Convention, in accordance with their legal and administrative systems. When designating or establishing such a mechanism, States Parties shall take into account principles relating to the status and mandate of national institutions for the protection and promotion of human rights.

3. The civil society, in particular persons with disabilities and their representative organisations, shall be fully involved in the monitoring process.

Article 34

Committee on the Rights of Persons with Disabilities

1. A Committee on the Rights of Persons with Disabilities (hereinafter referred to as the “Committee”) will be established to perform the following tasks.

2. The Committee shall consist of twelve experts on the date of entry into force of this Convention. After the ratification or accession of the Convention by sixty more countries, six more members will be added to the Committee, increasing the maximum number of members to eighteen.

3. The members of the Committee will serve on the basis of their personal qualifications and will be selected from among persons with high moral principles who are deemed to have knowledge and experience in the field covered by this Agreement. States Parties shall take due account of the provision described in article 4.3 of this Convention when nominating their candidates.

4. Members of the Committee shall be elected by States Parties, taking into account the equitable geographical distribution, the representation of various forms of civilizations and major legal systems, the balanced representation of men and women, and the participation of experts with disabilities.

5. Members of the Committee shall be elected by secret ballot at the sessions of the Conference of States Parties from among the nationals of the States Parties nominated by them. At these meetings, where two-thirds of the States Parties will constitute a quorum, the persons elected by the Committee shall be those who receive the largest number of votes and the votes of an absolute majority of the representatives of the States Parties present and voting.

6. The first election will be held within a maximum of six months after the date of entry into force of this Agreement. The Secretary-General of the United Nations shall send a letter to States Parties at least four months before the date of each election, requesting that they notify their candidates within two months. The Secretary-General shall then draw up a list in alphabetical order of all persons so nominated and present them to the States Parties to this Convention, indicating the States Parties that have nominated them.

7. The members of the Committee shall be elected for a term of four years. Members may be re-elected only once. However, the terms of office of six of the members determined in the first election will expire after two years; the names of these six members immediately after the first election, this m will be determined by lot by the chairman of the meeting specified in paragraph 5 of the article.

8. The election of six additional members of the Committee shall be held during regular elections in accordance with the relevant provisions of this article.

9. In the event that a member of the Committee dies or resigns or is otherwise incapable of performing his duties, the State Party that has nominated that member shall meet the requirements and qualifications set forth in the relevant provisions of this article to serve for the remainder of the member's mandate. will appoint another expert with

10. The Committee will set its own rules of procedure.

11. The Secretary-General of the United Nations shall provide the necessary personnel and facilities for the effective performance of the duties of the Committee under this Convention and convene its first meeting.

12. Members of the Committee established under this Agreement, with the approval of the General Assembly, will receive remuneration from United Nations resources on terms and conditions that the General Assembly may determine by taking into account the importance of the Committee's responsibilities.

13. Members of the Committee shall enjoy the opportunities, privileges and immunities available to experts working for the United Nations as set out in the relevant parts of the Convention on the Privileges and Immunities of the United Nations.

Article 35

Reports of States Parties

1. Each State Party shall, within two years after the entry into force of this Convention for the State Party concerned, submit to the Committee, through the Secretary-General of the United Nations, a comprehensive report on the measures taken and progress made in order to give effect to its obligations under this Convention.

2. States Parties shall then submit reports at least every four years and when requested by the Committee.

3. The Committee shall determine all the rules to be applied regarding the content of the reports.

4. A State Party that has submitted a comprehensive preliminary report to the Committee need not repeat in subsequent reports the information previously provided. In preparing reports for the Committee, States Parties shall do so in a clear and transparent manner and taking into account the provision set out in article 4.3 of this Convention.

5. The report may indicate factors and difficulties that affect the degree of fulfillment of obligations under this Agreement.

Article 36

Evaluation of reports

1. Each report shall be considered by the Committee and the Committee shall make recommendations and general recommendations on the report as it may deem appropriate and forward them to the State Party concerned. The State party may respond to the Committee with any information it chooses. The Committee may request further information from States Parties regarding the implementation of this Convention.

2. If a State Party is significantly delayed in submitting a report, the Committee may notify the State Party concerned that if the report is not submitted within three months after notification, the implementation of this Convention in that State Party should be examined based on reliable information in the hands of the Committee. The Committee invites the State Party concerned to participate in this review. If the State party then submits the relevant report, the provisions of article 1 of this article shall apply.

3. The Secretary-General of the United Nations shall forward reports to all States Parties.

4. States Parties shall make reports widely available to the public in their countries and shall facilitate access to recommendations and general recommendations relating to such reports.

5. The Committee shall, as it deems appropriate, transmit reports from States Parties, together with the Committee's observations on such requests or indicators, to specialized agencies, funds and programs of the United Nations, in order to meet an indication or request for technical advice or assistance contained therein.

Article 37

Cooperation between States Parties and the Committee

1. Each State Party shall cooperate with the Committee and assist its members in the discharge of its mandate.

2. In its relations with States Parties, the Committee shall take due account of ways and means of strengthening national capacities for the implementation of this Convention, including through international cooperation.

Article 38

Relationship of the Committee with other bodies

To support the effective implementation of this Convention and to encourage international cooperation within the scope of this Convention:

(a) Specialized organizations and other United Nations bodies have the right to be represented in the review of the application of the provisions of this Convention falling within their jurisdiction. The Committee may invite specialized organizations and other competent bodies as it deems appropriate to provide expert advice on the implementation of the Convention in areas falling within its jurisdiction of specialized agencies and other competent bodies. The Committee may require specialized agencies and other United Nations bodies to submit reports on the implementation of the Convention in areas within the scope of its activities can invite.

(b) In the performance of its duties, the Committee shall consult, as the case may be, with other relevant bodies established pursuant to international human rights treaties, in order to ensure that its relevant reporting rules, recommendations and general recommendations are compatible and that duplication and overlap are avoided in the performance of its duties.

Article 39

Committee's Report

The Committee shall report on its activities to the General Assembly and the Economic and Social Council and may make recommendations and general recommendations based on examination of reports and information received from States Parties. Such recommendations and general recommendations shall be included in the Committee's report, together with comments from States Parties, if any.

Article 40

Conference of States Parties

1. States Parties shall meet regularly at a Meeting of States Parties to discuss any matter relating to the implementation of this Convention.

2. Not later than six months after the entry into force of this Convention, the Conference of the States Parties shall be convened by the Secretary-General of the United Nations. Further meetings will be held by the Secretary-General of the United Nations biennially or upon a decision taken by the Conference of States Parties.

Article 41

escrow officer

The Secretary-General of the United Nations is the trustee of this Convention.

Article 42

Signature

This Agreement shall be opened for signature by all States and regional integration organizations at the United Nations Headquarters in New York as of March 30, 2007.

Article 43

Giving consent

This Convention is subject to ratification by signatory States and formal confirmation by signatory regional integration organisations. Any State or regional integration organization that has not signed this Agreement may accede to this Agreement.

Article 44

Regional integration organizations

1. “Regional integration organization” means an organization formed by sovereign States in a given region to which the member States have delegated their competences in matters covered by this Convention. Such organizations shall declare in their official confirmation or accession documents the scope of their powers regarding the matters covered by this Agreement. They will then notify the escrow officer of any material change within the scope of their authority.

2. In this Convention, the term "States Parties" applies to these organizations within the limits of their jurisdiction.

3. Any document submitted by a regional integration organization under Article 45, clause 1 and clause 47, clause 2 and 3 will not be considered.

4. Regional integration organizations may exercise their right to vote at the Conference of States Parties on matters falling within their jurisdiction, with a number of votes equal to the number of their member States which are Parties to this Convention. Such an organization cannot exercise its right to vote if any of its member States exercises its right, and vice versa.

Article 45

Force

1. This Agreement shall enter into force on the thirtieth day after the presentation of the twentieth instrument of ratification or accession.

2. For each State or regional integration organization that has ratified, formally confirmed or acceded to the Convention after the presentation of this twentieth instrument, the Convention shall enter into force on the thirtieth day after the presentation of its instrument.

Article 46

reservations

1. Reservations that conflict with the purpose and objective of this Agreement are not allowed.

2. Reservations can be removed at any time.

Article 47

Changes

1. Any State Party may propose amendments to this Convention and submit it to the Secretary-General of the United Nations. The Secretary-General notifies the States Parties of the proposed amendments and requests them to inform him whether they wish to hold a conference of States Parties to discuss the proposals and take decisions. If, within four months from the date of this notification, at least one-third of the States Parties support this conference, the Secretary-General organizes it under the auspices of the United Nations. All amendments adopted by a majority of two-thirds of the participating and voting States Parties shall be submitted by the Secretary-General to the General Assembly for approval and then to all States Parties for adoption.

2. Any amendment ratified pursuant to paragraph 1 of this article shall enter into force on the thirtieth day after the number of instruments of acceptance reaches two-thirds of the number of States Parties at the time of adoption of the amendment. Thereafter, the amendment shall enter into force for any State Party on the thirtieth day after the presentation of its instrument of acceptance. Any amendment will be binding only on States Parties that have agreed to it.

3. If such a decision is taken unanimously by the Conference of States Parties, only articles 34, 38, 39 and 40 are adopted and ratified in accordance with paragraph 1 of this article.

An amendment relating to e shall enter into force on the thirtieth day after the number of instruments of acceptance submitted for all States Parties reaches two-thirds of the number of States Parties at the time of adoption of the amendment.

Article 48

Refusal

A State Party may reject this Convention by written notification to the Secretary-General of the United Nations. The refusal takes effect one year after the receipt of this notification by the Secretary-General.

Article 49

Accessible format

The text of this Agreement will be made available in accessible formats.

Article 50

Official texts

The Arabic, Chinese, English, French, Russian and Spanish texts of this Agreement are equally official documents.

The undersigned Plenipotentiary Representatives, duly authorized by their respective Governments, have signed this Convention.

Optional Protocol to the Convention on Persons with Disabilities

The States Parties to this Protocol have agreed as follows:

Article 1

1. A State Party to the present Protocol (“State Party”), from or on behalf of the Committee on the Rights of Persons with Disabilities (“Committee”), individuals or groups within its jurisdiction who allege that they are victims of violations of the provisions of the Convention by that State Party. accepts the authority to receive and examine the applications made.

2. The Committee shall not accept applications relating to a State Party to the Convention that is not a party to this Protocol.

Article 2

The Committee will not accept an application if:

(a) If the name of the applicant is not specified;

(b) the application constitutes an abuse of the right to submit such applications or is inconsistent with the provisions of the Convention;

(c) The same matter has already been or is being examined by the Committee under another international investigation or settlement procedure;

(d) All internal routes must be exhausted. This rule shall not apply if the application of remedies is unreasonably prolonged or unlikely to provide an effective remedy.

(e) the application is based on unfounded grounds or has not been adequately substantiated; or

(f) The events constituting the subject of the application occurred before the date of entry into force of this Protocol for the State Party concerned, unless these events continue after that date.

Article 3

Subject to the provisions of Article 2 of this Protocol, the Committee shall confidentially forward any application submitted to it to the State Party. The Receiving State shall, within six months, submit to the Committee any written clarifications or statements and remedies, if any, sought by that State.

Article 4

1. At any time after the receipt of an application and before a determination is made on its merits, the Committee shall promptly consider a request by the State Party concerned to take such interim measures as may be necessary to prevent irreparable harm to the victim or victims of the alleged violation. It can be forwarded to the state.

2. Committee's

If the Committee exercises its discretion under paragraph 1 of this article, this does not mean that a determination has been made as to the admissibility or merits of the application.

Article 5

The Committee will hold closed meetings while examining the applications under this Protocol. After examining an application, the Committee shall forward its recommendations and recommendations, if any, to the State Party concerned and to the applicant.

Article 6

1. Where the Committee receives credible information showing that a State Party has seriously or systematically violated the rights set forth in the Covenant, the Committee will request that State Party to cooperate in examining that information and to provide observations on that information for that purpose. .

2. The Committee may designate one or more of its members to conduct an inquiry and promptly submit a report to the Committee, taking into account observations submitted by the State Party concerned, as well as any other reliable information in its possession. This search may include a visit to that country, if necessary and with the consent of the State Party.

3. After examining the findings of this research, the Committee shall transmit these findings, together with its comments and recommendations, to the State Party concerned.

4. The State Party concerned shall submit its observations to the Committee within six months of receiving these findings, comments and recommendations sent by the Committee.

5. Such investigation shall be conducted in secret and the State Party shall be requested to cooperate at all stages of the investigation.

Article 7

1. The Committee may request a State Party to include in its report under article 35 of the Convention information on all measures taken in relation to an investigation conducted pursuant to article 6 of this Protocol.

2. The Committee shall notify itself, if necessary, of the measures taken in relation to this research after the expiry of the six-month period specified in article 6.4.

Article 8

Any State Party may declare that it does not recognize the competence of the Committee as set forth in articles 6 and 7 at the time of signing, ratifying or acceding to this Protocol.

Article 9

The Secretary-General of the United Nations is the trustee of this Prokotol.

Article 10

This Protocol shall be opened for signature by all Contracting States and regional integration organizations at the United Nations Headquarters in New York as of 30 March 2007.

Article 11

This Protocol is subject to ratification by the Contracting States of this Protocol that have ratified or acceded to it. The Protocol is subject to official confirmation by the regional integration organizations of this Protocol that have officially confirmed or acceded to it. Any State or regional integration organization that has signed, formally ratified or acceded to the Convention but has not signed the Protocol may accede to this Protocol.

Article 12

1. “Regional integration organization” means an organization formed by sovereign States in a given region to which the member States have delegated their competences in matters covered by the Convention and this Protocol. Such organizations shall declare in their official confirmation or accession documents the scope of their mandates regarding the subjects covered by the Convention and this Protocol. They will then notify the escrow officer of any material change within the scope of their authority.

2. In this Protocol, the term "States Parties" shall apply to these organizations within the limits of their jurisdiction.

3. Any document submitted by a regional integration organization under article 13, subparagraph 1 and article 15, subparagraph 2 will not be considered.

4. Regional integration organizations may exercise their right to vote at the Conference of States Parties on matters falling under their jurisdiction, with a number of votes equal to the number of their member States which are Parties to this Protocol. Such an organization cannot exercise its right to vote if any of its member States exercises its right, and vice versa.

Article 13

1. This Protocol shall enter into force on the thirtieth day after the presentation of the tenth instrument of ratification or accession, subject to the entry into force of the Convention.

2. For each State or regional integration organization that has ratified, formally confirmed or acceded to the Protocol after the presentation of this tenth instrument, the Protocol shall enter into force on the thirtieth day after the presentation of its instrument.

Article 14

1. Reservations that conflict with the purpose and objective of this Protocol are not allowed.

2. Reservations can be removed at any time.

Article 15

1. Any State Party may propose amendments to this Protocol and submit it to the Secretary-General of the United Nations. The Secretary-General notifies the States Parties of the proposed amendments and requests them to inform him whether they wish to hold a conference of States Parties to discuss the proposals and take decisions. If, within four months from the date of this notification, at least one-third of the States Parties support this conference, the Secretary-General organizes it under the auspices of the United Nations. All amendments adopted by a majority of two-thirds of the participating and voting States Parties shall be submitted by the Secretary-General to the General Assembly for approval and then to all States Parties for adoption.

Article 16

A State Party may reject this Protocol by written notification to the Secretary-General of the United Nations. The refusal takes effect one year after the receipt of this notification by the Secretary-General.

Article 17

The text of this Agreement will be made available in accessible formats.

Article 18

The Arabic, Chinese, English, French, Russian and Spanish texts of this Agreement are equally valid documents.

The undersigned Plenipotentiary Representatives, duly authorized by their respective Governments, have signed this Protocol.

Source: İHOP

http://www.ihop.org.tr