COMMITTEE ON THE RIGHTS OF PERSONS WITH DISABILITIES TO HOLD SECOND SESSION FROM 19 TO 23 OCTOBER 2009

15 October 2009

BACKGROUND RELEASE

The second session of the Committee on the Rights of Persons with Disabilities will be held at the United Nations Office at Geneva from 19 to 23 October 2009.

After adopting its agenda and programme of work, the Committee will discuss and approve the report of its first session. It will also discuss and approve the report of the Chairperson on activities undertaken between the first and second session of the Committee and discuss ways and means of expediting its work.

On 21 October, the Committee will hold a day of general discussion on article 12 of the Convention on the Rights of Persons with Disabilities on the right to equal recognition before the law. This will involve discussions in two Working Groups on the legal contents of the right to equal recognition before the law; and on practical measures necessary to implement the obligation to promote the right to equal recognition before the law. At the end of the day of general discussion, general recommendations will be adopted.

According to the Convention, States parties shall recognize that persons with disabilities enjoy legal capacity for both rights and legal capacity to act on an equal basis with others in all aspects of life. This will entail revising the guardianship system and practices of forced institutionalization (placement in psychiatric institutions) of persons with disabilities, and replace it with a scheme of supported decision-making for persons with disabilities that takes into account their wishes, preferences and opinions, rather than substitute their legal personhood with that of another person as it was the case in the prevailing guardianship system. This will no doubt represent a major breakthrough in ensuring respect for dignity, autonomy, equality and solidarity with persons with disabilities.

During the session, the Committee will also discuss such other matters relating to its work as may be necessary.

Convention on the Rights of Persons With Disabilities

Adopted on 13 December 2006 by the General Assembly, the Convention on the Rights of Persons With Disabilities Protocol entered into force on 3 May 2008.

The purpose of the 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 include those who have long-term physical, mental, intellectual or sensory impairments which in interaction with various barriers may hinder their full and effective participation in society on an equal basis with others.

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 on the basis of disability. States Parties recognize that all persons are equal before and under the law and are entitled without any discrimination to the equal protection and equal benefit of the law. Specific measures which are necessary to accelerate or achieve de facto equality of persons with disabilities shall not be considered discrimination under the terms of the present Convention.

States parties reaffirm that every human being has the inherent right to life and shall take all necessary measures to ensure its effective enjoyment by persons with disabilities on an equal basis with others. States Parties reaffirm that persons with disabilities have the right to recognition everywhere as persons before the law. States Parties shall recognize that persons with disabilities enjoy legal capacity on an equal basis with others in all aspects of life.

Each State party shall submit to the Committee, through the Secretary-General of the United Nations, a comprehensive report on measures taken to give effect to its obligations under the present Convention and on the progress made in that regard, within two years after the entry into force of the present Convention for the State Party concerned. Thereafter, States parties shall submit subsequent reports at least every four years and further whenever the Committee so requests.

States Parties to the Convention

At present the Convention has 71 States parties. These are:

Argentina, Australia, Austria, Azerbaijan, Bangladesh, Belgium, Brazil, Burkina Faso, Chile, China , Cook Islands, Costa Rica, Croatia, Cuba, Czech Republic, Denmark, Dominican Republic, Ecuador, Egypt, El Salvador, Gabon, Germany, Guatemala , Guinea, Haiti, Honduras, Hungary, India, Italy, Jamaica, Jordan, Kenya, Lao People's Democratic Republic, Lesotho, Malawi, Mali, Mexico, Mongolia, Morocco, Namibia, New Zealand, Nicaragua, Niger, Oman, Panama, Paraguay, Peru, Philippines, Portugal, Qatar, Republic of Korea, Rwanda, San Marino, Saudi Arabia, Serbia, Seychelles, Slovenia, South Africa, Spain, Sudan, Sweden, Syrian Arab Republic, Thailand, Tunisia, Turkey, Turkmenistan, Uganda, United Kingdom, Uruguay, Vanuatu and Yemen.

Committee Membership

The members of the Committee are elected for a term of four years and shall be eligible for re-election once. However, the term of six members elected at the first election shall expire at the end of two years. The names of these six members shall be drawn by lot by the Chairperson of the Conference of States parties. Those Committee members whose terms expire two years after the first election can be eligible for re-election for a full four-year term if re-nominated.

Mr. Monsur Ahmed Choudhuri (Bangladesh)

Ms. Amna Ali Al Suweidi (Qatar)

Mr. György Könczei (Hungary)

Ms. Ana Peláez Narváez (Spain)

Mr. Ronald McCallum AO (Australia)

Mr. Germán Xavier Torres Correa (Ecuador)

Mr. Lotfi Ben Lallohom (Tunisia)

Ms. Edah Wangechi Maina (Kenya)

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For use of the information media; not an official record