Promoting the Rights of Children with Disabilities, UNICEF

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10. The Committee shall establish its own rules ofprocedure.11. The Secretary-General of the United Nationsshall provide the necessary staff and facilities forthe effective performance of the functions of theCommittee under the present Convention, and shallconvene its initial meeting.12. With the approval of the General Assembly,the members of the Committee established underthe present Convention shall receive emolumentsfrom United Nations resources on such terms andconditions as the Assembly may decide, havingregard to the importance of the Committee’sresponsibilities.13. The members of the Committee shall be entitledto the facilities, privileges and immunities of expertson mission for the United Nations as laid down in therelevant sections of the Convention on the Privilegesand Immunities of the United Nations.Article 35Reports by States parties1. Each State party shall submit to the Committee,through the Secretary-General of the United Nations,a comprehensive report on measures taken to giveeffect to its obligations under the present Conventionand on the progress made in that regard, withintwo years after the entry into force of the presentConvention for the State party concerned.2. Thereafter, States parties shall submit subsequentreports at least every four years and furtherwhenever the Committee so requests.3. The Committee shall decide any guidelinesapplicable to the content of the reports.4. A State party which has submitted acomprehensive initial report to the Committee neednot, in its subsequent reports, repeat informationpreviously provided. When preparing reports to theCommittee, States parties are invited to considerdoing so in an open and transparent process and togive due consideration to the provision set out inarticle 4.3 of the present Convention.5. Reports may indicate factors and difficultiesaffecting the degree of fulfilment of obligations underthe present Convention.Article 36Consideration of reports1. Each report shall be considered by the Committee,which shall make such suggestions and generalrecommendations on the report as it may considerappropriate and shall forward these to the Stateparty concerned. The State party may respond withany information it chooses to the Committee. TheCommittee may request further information fromStates parties relevant to the implementation of thepresent Convention.2. If a State party is significantly overdue in thesubmission of a report, the Committee may notifythe State party concerned of the need to examinethe implementation of the present Convention inthat State party, on the basis of reliable informationavailable to the Committee, if the relevant report isnot submitted within three months following thenotification. The Committee shall invite the Stateparty concerned to participate in such examination.Should the State party respond by submitting therelevant report, the provisions of paragraph 1 of thisarticle will apply.3. The Secretary-General of the United Nations shallmake available the reports to all States parties.4. States parties shall make their reports widelyavailable to the public in their own countries andfacilitate access to the suggestions and generalrecommendations relating to these reports.5. The Committee shall transmit, as it may considerappropriate, to the specialized agencies, fundsand programmes of the United Nations, and othercompetent bodies, reports from States partiesin order to address a request or indication of aneed for technical advice or assistance containedtherein, along with the Committee’s observationsand recommendations, if any, on these requests orindications.Article 37Cooperation between States parties andthe Committee1. Each State party shall cooperate with theCommittee and assist its members in the fulfilmentof their mandate.2. In its relationship with States parties, theCommittee shall give due consideration to waysand means of enhancing national capacities for theimplementation of the present Convention, includingthrough international cooperation.63 Promoting the Rights of Children with Disabilities Innocenti Digest No. 13
Article 38Relationship of the Committee with other bodiesIn order to foster the effective implementation of thepresent Convention and to encourage internationalcooperation in the field covered by the presentConvention:(a) The specialized agencies and other UnitedNations organs shall be entitled to be representedat the consideration of the implementation ofsuch provisions of the present Convention as fallwithin the scope of their mandate. The Committeemay invite the specialized agencies and othercompetent bodies as it may consider appropriate toprovide expert advice on the implementation of theConvention in areas falling within the scope of theirrespective mandates. The Committee may invitespecialized agencies and other United Nations organsto submit reports on the implementation of theConvention in areas falling within the scope of theiractivities;(b) The Committee, as it discharges its mandate,shall consult, as appropriate, other relevant bodiesinstituted by international human rights treaties, witha view to ensuring the consistency of their respectivereporting guidelines, suggestions and generalrecommendations, and avoiding duplication andoverlap in the performance of their functions.Article 39Report of the CommitteeThe Committee shall report every two years to theGeneral Assembly and to the Economic and SocialCouncil on its activities, and may make suggestionsand general recommendations based on theexamination of reports and information received fromthe States parties. Such suggestions and generalrecommendations shall be included in the report ofthe Committee together with comments, if any, fromStates parties.Article 40Conference of States parties1. The States parties shall meet regularly in aConference of States parties in order to considerany matter with regard to the implementation of thepresent Convention.2. No later than six months after the entry into forceof the present Convention, the Conference of theStates parties shall be convened by the Secretary-General of the United Nations. The subsequentmeetings shall be convened by the Secretary-Generalof the United Nations biennially or upon the decisionof the Conference of States parties.Article 41DepositaryThe Secretary-General of the United Nations shall bethe depositary of the present Convention.Article 42SignatureThe present Convention shall be open for signatureby all States and by regional integration organizationsat United Nations Headquarters in New York as of 30March 2007.Article 43Consent to be boundThe present Convention shall be subject to ratificationby signatory States and to formal confirmation bysignatory regional integration organizations. It shallbe open for accession by any State or regionalintegration organization which has not signed theConvention.Article 44Regional integration organizations1. ’Regional integration organization’ shall meanan organization constituted by sovereign States ofa given region, to which its member States havetransferred competence in respect of mattersgoverned by this Convention. Such organizations shalldeclare, in their instruments of formal confirmationor accession, the extent of their competence withrespect to matters governed by this Convention.Subsequently, they shall inform the depositary ofany substantial modification in the extent of theircompetence.2. References to ’States parties’ in the presentConvention shall apply to such organizations withinthe limits of their competence.3. For the purposes of article 45, paragraph 1, andarticle 47, paragraphs 2 and 3, any instrumentdeposited by a regional integration organization shallnot be counted.4. Regional integration organizations, in matterswithin their competence, may exercise their rightto vote in the Conference of States parties, witha number of votes equal to the number of theirmember States that are parties to this Convention.Such an organization shall not exercise its right tovote if any of its member States exercises its right,and vice versa.Innocenti Digest No. 13Promoting the Rights of Children with Disabilities64
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CONTENTSExecutive Summary . . . . .
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of all legislation in order to ensu
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While there are grounds for optimis
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© UNICEF/HQ95-0451/David BarbourBo
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The minimum benchmark was found par
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© UUNICEF/HQ06-1260/Azhar Mahmoodp
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Box 4.1 Human rights instruments an
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Box 4.2 Work of the UN Special Rapp
Page 21 and 22: Monitoring implementation of the Co
Page 23 and 24: 5 HUMAN RIGHTS OFCHILDREN WITHDISAB
Page 25 and 26: cases of physicians in both income-
Page 27 and 28: environments. Even in a well-staffe
Page 29 and 30: Box 5.2 Landmines cause disability
Page 31 and 32: 6 FOUNDATIONS FORINCLUSIONThe impor
Page 33 and 34: Los Pipitos is an active parents’
Page 35 and 36: and knowledge. 87 Conversely, where
Page 37 and 38: particular attention to school-base
Page 39 and 40: Both where there is an absence of f
Page 41 and 42: 7 ENSURING ASUPPORTIVEENVIRONMENTCr
Page 43 and 44: Box 7.2 Raising disability awarenes
Page 45 and 46: © UNICEF/HQ98-0860/Roger LeMoyneCh
Page 47 and 48: 8 CONCLUSIONSThe inclusion of child
Page 49 and 50: 21 Blomgren, Lars, ’UN Standard R
Page 51 and 52: 78 Shared Care Network, , accessed1
Page 53 and 54: LINKS 1UNITED NATIONS SYSTEMOffice
Page 55 and 56: Amnesty InternationalWebsite: www.a
Page 57 and 58: Healthlink WorldwideCityside, 40 Ad
Page 59 and 60: ADDITIONAL RESOURCESChild Rights In
Page 61 and 62: (p) Concerned about the difficult c
Page 63 and 64: egulation or custom on the pretext
Page 65 and 66: indirect participants, including as
Page 67 and 68: (a) The right of all persons with d
Page 69 and 70: (b) Protect the rights of persons w
Page 71: (a) Ensuring that international coo
Page 75 and 76: Optional Protocol to the Convention
Page 77: 2. An amendment adopted and approve
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