United Nations

A/RES/61/106

General AssemblyDistr.: General
24 January 2007

Sixty-first session
Agenda item 67 (b)Resolution adopted by the General Assembly[without reference to a Main Committee (A/61/611)]

61/106. Convention on the Rights of Persons with Disabilities
The General Assembly,
Recalling its resolution 56/168 of 19 December 2001, by which it decided toestablish an Ad Hoc Committee, open to the participation of all Member States andobservers to the United Nations, to consider proposals for a comprehensive andintegral international convention to promote and protect the rights and dignity of
persons with disabilities, based on a holistic approach in the work done in the fields
of social development, human rights and non-discrimination and taking into accountthe recommendations of the Commission on Human Rights and the Commission forSocial Development,
Recalling also its previous relevant resolutions, the most recent of which was
resolution 60/232 of 23 December 2005, as well as relevant resolutions of theCommission for Social Development and the Commission on Human Rights,
Welcoming the valuable contributions made by intergovernmental andnon-governmental organizations and national human rights institutions to the workof the Ad Hoc Committee,
1.
Expresses its appreciation to the Ad Hoc Committee for having
concluded the elaboration of the draft Convention on the Rights of Persons with
Disabilities and the draft Optional Protocol to the Convention;2.
Adopts the Convention on the Rights of Persons with Disabilities and the
Optional Protocol to the Convention annexed to the present resolution, which shallbe open for signature at United Nations Headquarters in New York as of 30 March2007;
3.
Calls upon States to consider signing and ratifying the Convention andthe Optional Protocol as a matter of priority, and expresses the hope that they willenter into force at an early date;4.
Requests the Secretary-General to provide the staff and facilities
necessary for the effective performance of the functions of the Conference of States
Parties and the Committee under the Convention and the Optional Protocol after theentry into force of the Convention, as well as for the dissemination of informationon the Convention and the Optional Protocol;

06-50079

A/RES/61/106

5.
Also requests the Secretary-General to implement progressively
standards and guidelines for the accessibility of facilities and services of the United
Nations system, taking into account relevant provisions of the Convention, inparticular when undertaking renovations;
6.
Requests United Nations agencies and organizations, and invites
intergovernmental and non-governmental organizations, to undertake efforts todisseminate information on the Convention and the Optional Protocol and topromote their understanding;7.
Requests the Secretary-General to submit to the General Assembly at its
sixty-second session a report on the status of the Convention and the Optional
Protocol and the implementation of the present resolution, under a sub-item entitled“Convention on the Rights of Persons with Disabilities”.
76th plenary meeting
13 December 2006
Annex I
Convention on the Rights of Persons with Disabilities
Preamble
The States Parties to the present Convention,(a) Recalling the principles proclaimed in the Charter of the United Nations
which recognize the inherent dignity and worth and the equal and inalienable rights
of all members of the human family as the foundation of freedom, justice and peacein the world,(b) Recognizing that the United Nations, in the Universal Declaration of
Human Rights and in the International Covenants on Human Rights, has proclaimed
and agreed that everyone is entitled to all the rights and freedoms set forth therein,
without distinction of any kind,(c) Reaffirming the universality, indivisibility, interdependence andinterrelatedness of all human rights and fundamental freedoms and the need for
persons with disabilities to be guaranteed their full enjoyment without
discrimination,(d) Recalling the International Covenant on Economic, Social and Cultural
Rights, the International Covenant on Civil and Political Rights, the International
Convention on the Elimination of All Forms of Racial Discrimination, theConvention on the Elimination of All Forms of Discrimination against Women, theConvention against Torture and Other Cruel, Inhuman or Degrading Treatment or
Punishment, the Convention on the Rights of the Child, and the International
Convention on the Protection of the Rights of All Migrant Workers and Members ofTheir Families,(e) Recognizing that disability is an evolving concept and that disability
results from the interaction between persons with impairments and attitudinal andenvironmental barriers that hinders their full and effective participation in society
on an equal basis with others,(f) Recognizing the importance of the principles and policy guidelines
contained in the World Programme of Action concerning Disabled Persons and in
the Standard Rules on the Equalization of Opportunities for Persons with2

A/RES/61/106

Disabilities in influencing the promotion, formulation and evaluation of the policies,
plans, programmes and actions at the national, regional and international levels tofurther equalize opportunities for persons with disabilities,(g) Emphasizing the importance of mainstreaming disability issues as anintegral part of relevant strategies of sustainable development,(h) Recognizing also that discrimination against any person on the basis of
disability is a violation of the inherent dignity and worth of the human person,(i)

Recognizing further the diversity of persons with disabilities,(j) Recognizing the need to promote and protect the human rights of all
persons with disabilities, including those who require more intensive support,(k) Concerned that, despite these various instruments and undertakings,
persons with disabilities continue to face barriers in their participation as equal
members of society and violations of their human rights in all parts of the world,(l) Recognizing the importance of international cooperation for improving
the living conditions of persons with disabilities in every country, particularly indeveloping countries,(m) Recognizing the valued existing and potential contributions made bypersons with disabilities to the overall well-being and diversity of theircommunities, and that the promotion of the full enjoyment by persons withdisabilities of their human rights and fundamental freedoms and of full participation
by persons with disabilities will result in their enhanced sense of belonging and insignificant advances in the human, social and economic development of society andthe eradication of poverty,(n) Recognizing the importance for persons with disabilities of theirindividual autonomy and independence, including the freedom to make their own
choices,(o) Considering that persons with disabilities should have the opportunity to
be actively involved in decision-making processes about policies and programmes,
including those directly concerning them,(p) Concerned about the difficult conditions faced by persons withdisabilities who are subject to multiple or aggravated forms of discrimination on thebasis of race, colour, sex, language, religion, political or other opinion, national,
ethnic, indigenous or social origin, property, birth, age or other status,(q) Recognizing that women and girls with disabilities are often at greaterrisk, both within and outside the home, of violence, injury or abuse, neglect ornegligent treatment, maltreatment or exploitation,(r) Recognizing that children with disabilities should have full enjoyment of
all human rights and fundamental freedoms on an equal basis with other children,and recalling obligations to that end undertaken by States Parties to the Convention
on the Rights of the Child,(s) Emphasizing the need to incorporate a gender perspective in all efforts topromote the full enjoyment of human rights and fundamental freedoms by persons
with disabilities,(t) Highlighting the fact that the majority of persons with disabilities live in
conditions of poverty, and in this regard recognizing the critical need to address thenegative impact of poverty on persons with disabilities,
3

A/RES/61/106(u) Bearing in mind that conditions of peace and security based on fullrespect for the purposes and principles contained in the Charter of the United
Nations and observance of applicable human rights instruments are indispensablefor the full protection of persons with disabilities, in particular during armed
conflicts and foreign occupation,(v) Recognizing the importance of accessibility to the physical, social,economic and cultural environment, to health and education and to information andcommunication, in enabling persons with disabilities to fully enjoy all human rights
and fundamental freedoms,(w) Realizing that the individual, having duties to other individuals and to thecommunity to which he or she belongs, is under a responsibility to strive for thepromotion and observance of the rights recognized in the International Bill of
Human Rights,(x) Convinced that the family is the natural and fundamental group unit ofsociety and is entitled to protection by society and the State, and that persons withdisabilities and their family members should receive the necessary protection andassistance to enable families to contribute towards the full and equal enjoyment of
the rights of persons with disabilities,(y) Convinced that a comprehensive and integral international convention topromote and protect the rights and dignity of persons with disabilities will make asignificant contribution to redressing the profound social disadvantage of persons
with disabilities and promote their participation in the civil, political, economic,
social and cultural spheres with equal opportunities, in both developing anddeveloped countries,
Have agreed as follows:
Article 1
PurposeThe purpose of the present Convention is to promote, protect and ensure thefull 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 mayhinder their full and effective participation in society on an equal basis with others.
Article 2
Definitions
For the purposes of the present Convention:“Communication” includes languages, display of text, Braille, tactile
communication, large print, accessible multimedia as well as written, audio, plainlanguage, human-reader and augmentative and alternative modes, means andformats of communication, including accessible information and communication
technology;“Language” includes spoken and signed languages and other forms of
non-spoken languages;“Discrimination on the basis of disability” means any distinction, exclusion or
restriction on the basis of disability which has the purpose or effect of impairing or
4

A/RES/61/106

nullifying the recognition, enjoyment or exercise, on an equal basis with others, ofall human rights and fundamental freedoms in the political, economic, social,
cultural, civil or any other field. It includes all forms of discrimination, including
denial of reasonable accommodation;“Reasonable accommodation” means necessary and appropriate modification
and adjustments not imposing a disproportionate or undue burden, where needed ina particular case, to ensure to persons with disabilities the enjoyment or exercise on
an equal basis with others of all human rights and fundamental freedoms;“Universal design” means the design of products, environments, programmes
and services to be usable by all people, to the greatest extent possible, without theneed for adaptation or specialized design. “Universal design” shall not exclude
assistive devices for particular groups of persons with disabilities where this isneeded.
Article 3
General principles
The principles of the present Convention shall be:(a) Respect for inherent dignity, individual autonomy including the freedom
to make one’s own choices, and independence of persons;(b)Non-discrimination;(c)Full and effective participation and inclusion in society;(d) Respect for difference and acceptance of persons with disabilities as partof human diversity and humanity;(e)Equality of opportunity;(f)

Accessibility;(g)

Equality between men and women;(h) Respect for the evolving capacities of children with disabilities andrespect for the right of children with disabilities to preserve their identities.
Article 4
General obligations
1.
States Parties undertake to ensure and promote the full realization of all humanrights and fundamental freedoms for all persons with disabilities without
discrimination of any kind on the basis of disability. To this end, States Parties
undertake:(a) To adopt all appropriate legislative, administrative and other measures
for the implementation of the rights recognized in the present Convention;(b) To take all appropriate measures, including legislation, to modify orabolish existing laws, regulations, customs and practices that constitutediscrimination against persons with disabilities;(c) To take into account the protection and promotion of the human rights ofpersons with disabilities in all policies and programmes;(d) To refrain from engaging in any act or practice that is inconsistent withthe present Convention and to ensure that public authorities and institutions act inconformity with the present Convention;
5

A/RES/61/106(e) To take all appropriate measures to eliminate discrimination on the basisof disability by any person, organization or private enterprise;(f) To undertake or promote research and development of universallydesigned goods, services, equipment and facilities, as defined in article 2 of thepresent Convention, which should require the minimum possible adaptation and theleast cost to meet the specific needs of a person with disabilities, to promote theiravailability and use, and to promote universal design in the development ofstandards and guidelines;(g) To undertake or promote research and development of, and to promote
the availability and use of new technologies, including information andcommunications technologies, mobility aids, devices and assistive technologies,
suitable for persons with disabilities, giving priority to technologies at an affordable
cost;(h) To provide accessible information to persons with disabilities about
mobility aids, devices and assistive technologies, including new technologies, aswell as other forms of assistance, support services and facilities;(i) To promote the training of professionals and staff working with persons
with disabilities in the rights recognized in the present Convention so as to better
provide the assistance and services guaranteed by those rights.
2.
With regard to economic, social and cultural rights, each State Party
undertakes to take measures to the maximum of its available resources and, where
needed, within the framework of international cooperation, with a view to achieving
progressively the full realization of these rights, without prejudice to thoseobligations contained in the present Convention that are immediately applicableaccording to international law.
3.
In the development and implementation of legislation and policies toimplement the present Convention, and in other decision-making processes
concerning issues relating to persons with disabilities, States Parties shall closely
consult with and actively involve persons with disabilities, including children withdisabilities, through their representative organizations.
4.
Nothing in the present Convention shall affect any provisions which are more
conducive to the realization of the rights of persons with disabilities and which may
be contained in the law of a State Party or international law in force for that State.
There shall be no restriction upon or derogation from any of the human rights andfundamental freedoms recognized or existing in any State Party to the present
Convention pursuant to law, conventions, regulation or custom on the pretext thatthe present Convention does not recognize such rights or freedoms or that itrecognizes them to a lesser extent.
5.
The provisions of the present Convention shall extend to all parts of federal
States without any limitations or exceptions.
Article 5
Equality and non-discrimination
1.
States Parties recognize that all persons are equal before and under the law andare entitled without any discrimination to the equal protection and equal benefit of
the law.

6

A/RES/61/106

2.
States Parties shall prohibit all discrimination on the basis of disability andguarantee to persons with disabilities equal and effective legal protection against
discrimination on all grounds.
3.
In order to promote equality and eliminate discrimination, States Parties shalltake all appropriate steps to ensure that reasonable accommodation is provided.
4.
Specific measures which are necessary to accelerate or achieve de facto
equality of persons with disabilities shall not be considered discrimination under theterms of the present Convention.
Article 6
Women with disabilities
1.
States Parties recognize that women and girls with disabilities are subject tomultiple discrimination, and in this regard shall take measures to ensure the full andequal enjoyment by them of all human rights and fundamental freedoms.
2.
States Parties shall take all appropriate measures to ensure the fulldevelopment, advancement and empowerment of women, for the purpose ofguaranteeing them the exercise and enjoyment of the human rights and fundamental
freedoms set out in the present Convention.
Article 7Children with disabilities
1.
States Parties shall take all necessary measures to ensure the full enjoyment bychildren with disabilities of all human rights and fundamental freedoms on an equalbasis with other children.
2.
In all actions concerning children with disabilities, the best interests of thechild shall be a primary consideration.
3.
States Parties shall ensure that children with disabilities have the right toexpress their views freely on all matters affecting them, their views being given due
weight in accordance with their age and maturity, on an equal basis with otherchildren, and to be provided with disability and age-appropriate assistance to realizethat right.
Article 8
Awareness-raising
1.
States Parties undertake to adopt immediate, effective and appropriate
measures:(a) To raise awareness throughout society, including at the family level,
regarding persons with disabilities, and to foster respect for the rights and dignity of
persons with disabilities;(b) To combat stereotypes, prejudices and harmful practices relating topersons with disabilities, including those based on sex and age, in all areas of life;(c) To promote awareness of the capabilities and contributions of persons
with disabilities.

7

A/RES/61/106

2.

Measures to this end include:(a) Initiating and maintaining effective public awareness campaigns
designed:(i)

To nurture receptiveness to the rights of persons with disabilities;(ii) To promote positive perceptions and greater social awareness towards
persons with disabilities;(iii) To promote recognition of the skills, merits and abilities of persons withdisabilities, and of their contributions to the workplace and the labour market;(b) Fostering at all levels of the education system, including in all children
from an early age, an attitude of respect for the rights of persons with disabilities;(c) Encouraging all organs of the media to portray persons with disabilities
in a manner consistent with the purpose of the present Convention;(d) Promoting awareness-training programmes regarding persons withdisabilities and the rights of persons with disabilities.
Article 9
Accessibility
1.
To enable persons with disabilities to live independently and participate fully
in all aspects of life, States Parties shall take appropriate measures to ensure topersons with disabilities access, on an equal basis with others, to the physicalenvironment, to transportation, to information and communications, including
information and communications technologies and systems, and to other facilities
and services open or provided to the public, both in urban and in rural areas. These
measures, which shall include the identification and elimination of obstacles andbarriers to accessibility, shall apply to, inter alia:(a) Buildings, roads, transportation and other indoor and outdoor facilities,
including schools, housing, medical facilities and workplaces;(b) Information, communications and other services, including electronic
services and emergency services.
2.

States Parties shall also take appropriate measures:(a) To develop, promulgate and monitor the implementation of minimum
standards and guidelines for the accessibility of facilities and services open or
provided to the public;(b) To ensure that private entities that offer facilities and services which areopen or provided to the public take into account all aspects of accessibility for
persons with disabilities;(c) To provide training for stakeholders on accessibility issues facing
persons with disabilities;(d) To provide in buildings and other facilities open to the public signage inBraille and in easy to read and understand forms;(e) To provide forms of live assistance and intermediaries, including guides,
readers and professional sign language interpreters, to facilitate accessibility tobuildings and other facilities open to the public;

8

A/RES/61/106(f) To promote other appropriate forms of assistance and support to persons
with disabilities to ensure their access to information;(g) To promote access for persons with disabilities to new information andcommunications technologies and systems, including the Internet;(h) To promote the design, development, production and distribution ofaccessible information and communications technologies and systems at an earlystage, so that these technologies and systems become accessible at minimum cost.
Article 10
Right to life
States Parties reaffirm that every human being has the inherent right to life andshall take all necessary measures to ensure its effective enjoyment by persons withdisabilities on an equal basis with others.
Article 11
Situations of risk and humanitarian emergencies
States Parties shall take, in accordance with their obligations underinternational law, including international humanitarian law and international humanrights law, all necessary measures to ensure the protection and safety of persons
with disabilities in situations of risk, including situations of armed conflict,humanitarian emergencies and the occurrence of natural disasters.
Article 12
Equal recognition before the law
1.
States Parties reaffirm that persons with disabilities have the right torecognition everywhere as persons before the law.
2.
States Parties shall recognize that persons with disabilities enjoy legal capacity
on an equal basis with others in all aspects of life.
3.
States Parties shall take appropriate measures to provide access by persons
with disabilities to the support they may require in exercising their legal capacity.
4.
States Parties shall ensure that all measures that relate to the exercise of legal
capacity provide for appropriate and effective safeguards to prevent abuse inaccordance with international human rights law. Such safeguards shall ensure thatmeasures relating to the exercise of legal capacity respect the rights, will andpreferences of the person, are free of conflict of interest and undue influence, areproportional and tailored to the person’s circumstances, apply for the shortest timepossible and are subject to regular review by a competent, independent andimpartial authority or judicial body. The safeguards shall be proportional to thedegree to which such measures affect the person’s rights and interests.
5.
Subject to the provisions of this article, States Parties shall take all appropriate
and effective measures to ensure the equal right of persons with disabilities to own
or inherit property, to control their own financial affairs and to have equal access tobank loans, mortgages and other forms of financial credit, and shall ensure that
persons with disabilities are not arbitrarily deprived of their property.

9

A/RES/61/106

Article 13
Access to justice1.
States Parties shall ensure effective access to justice for persons withdisabilities on an equal basis with others, including through the provision ofprocedural and age-appropriate accommodations, in order to facilitate their effectiverole as direct and indirect participants, including as witnesses, in all legal
proceedings, including at investigative and other preliminary stages.
2.
In order to help to ensure effective access to justice for persons withdisabilities, States Parties shall promote appropriate training for those working in
the field of administration of justice, including police and prison staff.
Article 14
Liberty and security of person
1.
States Parties shall ensure that persons with disabilities, on an equal basis withothers:(a)

Enjoy the right to liberty and security of person;(b) Are not deprived of their liberty unlawfully or arbitrarily, and that any
deprivation of liberty is in conformity with the law, and that the existence of adisability shall in no case justify a deprivation of liberty.
2.
States Parties shall ensure that if persons with disabilities are deprived of theirliberty through any process, they are, on an equal basis with others, entitled toguarantees in accordance with international human rights law and shall be treated incompliance with the objectives and principles of the present Convention, including
by provision of reasonable accommodation.
Article 15
Freedom from torture or cruel, inhuman or degrading treatment or punishment1.
No one shall be subjected to torture or to cruel, inhuman or degrading
treatment or punishment. In particular, no one shall be subjected without his or her
free consent to medical or scientific experimentation.
2.
States Parties shall take all effective legislative, administrative, judicial orother measures to prevent persons with disabilities, on an equal basis with others,
from being subjected to torture or cruel, inhuman or degrading treatment or
punishment.
Article 16
Freedom from exploitation, violence and abuse
1.
States Parties shall take all appropriate legislative, administrative, social,educational and other measures to protect persons with disabilities, both within andoutside the home, from all forms of exploitation, violence and abuse, including theirgender-based aspects.
2.
States Parties shall also take all appropriate measures to prevent all forms of
exploitation, violence and abuse by ensuring, inter alia, appropriate forms ofgender- and age-sensitive assistance and support for persons with disabilities andtheir families and caregivers, including through the provision of information andeducation on how to avoid, recognize and report instances of exploitation, violence
and abuse. States Parties shall ensure that protection services are age-, gender- anddisability-sensitive.
10

A/RES/61/106

3.
In order to prevent the occurrence of all forms of exploitation, violence andabuse, States Parties shall ensure that all facilities and programmes designed toserve persons with disabilities are effectively monitored by independent authorities.
4.
States Parties shall take all appropriate measures to promote the physical,
cognitive and psychological recovery, rehabilitation and social reintegration of
persons with disabilities who become victims of any form of exploitation, violenceor abuse, including through the provision of protection services. Such recovery andreintegration shall take place in an environment that fosters the health, welfare,self-respect, dignity and autonomy of the person and takes into account gender- andage-specific needs.
5.
States Parties shall put in place effective legislation and policies, including
women- and child-focused legislation and policies, to ensure that instances of
exploitation, violence and abuse against persons with disabilities are identified,investigated and, where appropriate, prosecuted.
Article 17
Protecting the integrity of the person
Every person with disabilities has a right to respect for his or her physical andmental integrity on an equal basis with others.
Article 18
Liberty of movement and nationality
1.
States Parties shall recognize the rights of persons with disabilities to liberty
of movement, to freedom to choose their residence and to a nationality, on an equalbasis with others, including by ensuring that persons with disabilities:(a) Have the right to acquire and change a nationality and are not deprived of
their nationality arbitrarily or on the basis of disability;(b) Are not deprived, on the basis of disability, of their ability to obtain,
possess and utilize documentation of their nationality or other documentation ofidentification, or to utilize relevant processes such as immigration proceedings, that
may be needed to facilitate exercise of the right to liberty of movement;(c)

Are free to leave any country, including their own;(d) Are not deprived, arbitrarily or on the basis of disability, of the right toenter their own country.
2.
Children with disabilities shall be registered immediately after birth and shallhave the right from birth to a name, the right to acquire a nationality and, as far as
possible, the right to know and be cared for by their parents.
Article 19
Living independently and being included in the community
States Parties to the present Convention recognize the equal right of all
persons with disabilities to live in the community, with choices equal to others, andshall take effective and appropriate measures to facilitate full enjoyment by persons
with disabilities of this right and their full inclusion and participation in thecommunity, including by ensuring that:

11

A/RES/61/106(a) Persons with disabilities have the opportunity to choose their place ofresidence and where and with whom they live on an equal basis with others and are
not obliged to live in a particular living arrangement;(b) Persons with disabilities have access to a range of in-home, residential
and other community support services, including personal assistance necessary tosupport living and inclusion in the community, and to prevent isolation orsegregation from the community;(c) Community services and facilities for the general population areavailable on an equal basis to persons with disabilities and are responsive to theirneeds.
Article 20
Personal mobility
States Parties shall take effective measures to ensure personal mobility withthe greatest possible independence for persons with disabilities, including by:(a) Facilitating the personal mobility of persons with disabilities in themanner and at the time of their choice, and at affordable cost;(b) Facilitating access by persons with disabilities to quality mobility aids,
devices, assistive technologies and forms of live assistance and intermediaries,
including by making them available at affordable cost;(c) Providing training in mobility skills to persons with disabilities and to
specialist staff working with persons with disabilities;(d) Encouraging entities that produce mobility aids, devices and assistive
technologies to take into account all aspects of mobility for persons withdisabilities.
Article 21
Freedom of expression and opinion, and access to information
States Parties shall take all appropriate measures to ensure that persons withdisabilities can exercise the right to freedom of expression and opinion, including
the freedom to seek, receive and impart information and ideas on an equal basiswith others and through all forms of communication of their choice, as defined inarticle 2 of the present Convention, including by:(a) Providing information intended for the general public to persons withdisabilities in accessible formats and technologies appropriate to different kinds ofdisabilities in a timely manner and without additional cost;(b) Accepting and facilitating the use of sign languages, Braille,
augmentative and alternative communication, and all other accessible means, modes
and formats of communication of their choice by persons with disabilities in official
interactions;(c) Urging private entities that provide services to the general public,
including through the Internet, to provide information and services in accessible andusable formats for persons with disabilities;(d) Encouraging the mass media, including providers of information throughthe Internet, to make their services accessible to persons with disabilities;(e)
12

Recognizing and promoting the use of sign languages.

A/RES/61/106

Article 22
Respect for privacy
1.
No person with disabilities, regardless of place of residence or living
arrangements, shall be subjected to arbitrary or unlawful interference with his or her
privacy, family, home or correspondence or other types of communication or to
unlawful attacks on his or her honour and reputation. Persons with disabilities havethe right to the protection of the law against such interference or attacks.
2.
States Parties shall protect the privacy of personal, health and rehabilitation
information of persons with disabilities on an equal basis with others.
Article 23
Respect for home and the family
1.
States Parties shall take effective and appropriate measures to eliminate
discrimination against persons with disabilities in all matters relating to marriage,family, parenthood and relationships, on an equal basis with others, so as to ensure
that:(a) The right of all persons with disabilities who are of marriageable age tomarry and to found a family on the basis of free and full consent of the intending
spouses is recognized;(b) The rights of persons with disabilities to decide freely and responsibly on
the number and spacing of their children and to have access to age-appropriate
information, reproductive and family planning education are recognized, and themeans necessary to enable them to exercise these rights are provided;(c) Persons with disabilities, including children, retain their fertility on an
equal basis with others.
2.
States Parties shall ensure the rights and responsibilities of persons withdisabilities, with regard to guardianship, wardship, trusteeship, adoption of children
or similar institutions, where these concepts exist in national legislation; in all cases
the best interests of the child shall be paramount. States Parties shall renderappropriate assistance to persons with disabilities in the performance of their childrearing responsibilities.
3.
States Parties shall ensure that children with disabilities have equal rights withrespect to family life. With a view to realizing these rights, and to prevent
concealment, abandonment, neglect and segregation of children with disabilities,
States Parties shall undertake to provide early and comprehensive information,
services and support to children with disabilities and their families.
4.
States Parties shall ensure that a child shall not be separated from his or her
parents against their will, except when competent authorities subject to judicial
review determine, in accordance with applicable law and procedures, that suchseparation is necessary for the best interests of the child. In no case shall a child be
separated from parents on the basis of a disability of either the child or one or bothof the parents.
5.
States Parties shall, where the immediate family is unable to care for a childwith disabilities, undertake every effort to provide alternative care within the wider
family, and failing that, within the community in a family setting.

13

A/RES/61/106

Article 24
Education
1.
States Parties recognize the right of persons with disabilities to education.
With a view to realizing this right without discrimination and on the basis of equal
opportunity, States Parties shall ensure an inclusive education system at all levels
and lifelong learning directed to:(a) The full development of human potential and sense of dignity and selfworth, and the strengthening of respect for human rights, fundamental freedoms andhuman diversity;(b) The development by persons with disabilities of their personality, talents
and creativity, as well as their mental and physical abilities, to their fullest potential;(c)society.
2.

Enabling persons with disabilities to participate effectively in a free

In realizing this right, States Parties shall ensure that:(a) Persons with disabilities are not excluded from the general education
system on the basis of disability, and that children with disabilities are not excluded
from free and compulsory primary education, or from secondary education, on thebasis of disability;(b) Persons with disabilities can access an inclusive, quality and free primaryeducation and secondary education on an equal basis with others in the communities
in which they live;(c)

Reasonable accommodation of the individual’s requirements is provided;(d) Persons with disabilities receive the support required, within the general
education system, to facilitate their effective education;(e) Effective individualized support measures are provided in environmentsthat maximize academic and social development, consistent with the goal of fullinclusion.
3.
States Parties shall enable persons with disabilities to learn life and social
development skills to facilitate their full and equal participation in education and as
members of the community. To this end, States Parties shall take appropriate
measures, including:(a) Facilitating the learning of Braille, alternative script, augmentative andalternative modes, means and formats of communication and orientation andmobility skills, and facilitating peer support and mentoring;(b) Facilitating the learning of sign language and the promotion of thelinguistic identity of the deaf community;(c) Ensuring that the education of persons, and in particular children, whoare blind, deaf or deafblind, is delivered in the most appropriate languages andmodes and means of communication for the individual, and in environments which
maximize academic and social development.
4.
In order to help ensure the realization of this right, States Parties shall takeappropriate measures to employ teachers, including teachers with disabilities, who
are qualified in sign language and/or Braille, and to train professionals and staff
who work at all levels of education. Such training shall incorporate disability
awareness and the use of appropriate augmentative and alternative modes, means
14

A/RES/61/106

and formats of communication, educational techniques and materials to support
persons with disabilities.
5.
States Parties shall ensure that persons with disabilities are able to accessgeneral tertiary education, vocational training, adult education and lifelong learning
without discrimination and on an equal basis with others. To this end, States Parties
shall ensure that reasonable accommodation is provided to persons with disabilities.
Article 25
HealthStates Parties recognize that persons with disabilities have the right to theenjoyment of the highest attainable standard of health without discrimination on thebasis of disability. States Parties shall take all appropriate measures to ensure accessfor persons with disabilities to health services that are gender-sensitive, including
health-related rehabilitation. In particular, States Parties shall:(a) Provide persons with disabilities with the same range, quality andstandard of free or affordable health care and programmes as provided to otherpersons, including in the area of sexual and reproductive health and populationbased public health programmes;(b) Provide those health services needed by persons with disabilities
specifically because of their disabilities, including early identification andintervention as appropriate, and services designed to minimize and prevent further
disabilities, including among children and older persons;(c) Provide these health services as close as possible to people’s own
communities, including in rural areas;(d) Require health professionals to provide care of the same quality topersons with disabilities as to others, including on the basis of free and informed
consent by, inter alia, raising awareness of the human rights, dignity, autonomy andneeds of persons with disabilities through training and the promulgation of ethicalstandards for public and private health care;(e) Prohibit discrimination against persons with disabilities in the provisionof health insurance, and life insurance where such insurance is permitted by nationallaw, which shall be provided in a fair and reasonable manner;(f) Prevent discriminatory denial of health care or health services or foodand fluids on the basis of disability.
Article 26
Habilitation and rehabilitation
1.
States Parties shall take effective and appropriate measures, including throughpeer support, to enable persons with disabilities to attain and maintain maximum
independence, full physical, mental, social and vocational ability, and full inclusionand participation in all aspects of life. To that end, States Parties shall organize,
strengthen and extend comprehensive habilitation and rehabilitation services andprogrammes, particularly in the areas of health, employment, education and social
services, in such a way that these services and programmes:(a) Begin at the earliest possible stage, and are
multidisciplinary assessment of individual needs and strengths;

based

on

the

15

A/RES/61/106(b) Support participation and inclusion in the community and all aspects ofsociety, are voluntary, and are available to persons with disabilities as close as
possible to their own communities, including in rural areas.
2.
States Parties shall promote the development of initial and continuing training
for professionals and staff working in habilitation and rehabilitation services.
3.
States Parties shall promote the availability, knowledge and use of assistive
devices and technologies, designed for persons with disabilities, as they relate tohabilitation and rehabilitation.
Article 27
Work and employment
1.
States Parties recognize the right of persons with disabilities to work, on an
equal basis with others; this includes the right to the opportunity to gain a living by
work freely chosen or accepted in a labour market and work environment that isopen, inclusive and accessible to persons with disabilities. States Parties shallsafeguard and promote the realization of the right to work, including for those who
acquire a disability during the course of employment, by taking appropriate steps,
including through legislation, to, inter alia:(a) Prohibit discrimination on the basis of disability with regard to allmatters concerning all forms of employment, including conditions of recruitment,
hiring and employment, continuance of employment, career advancement and safeand healthy working conditions;(b) Protect the rights of persons with disabilities, on an equal basis withothers, to just and favourable conditions of work, including equal opportunities andequal remuneration for work of equal value, safe and healthy working conditions,
including protection from harassment, and the redress of grievances;(c) Ensure that persons with disabilities are able to exercise their labour andtrade union rights on an equal basis with others;(d) Enable persons with disabilities to have effective access to generaltechnical and vocational guidance programmes, placement services and vocationaland continuing training;(e) Promote employment opportunities and career advancement for persons
with disabilities in the labour market, as well as assistance in finding, obtaining,
maintaining and returning to employment;(f) Promote opportunities for self-employment, entrepreneurship, thedevelopment of cooperatives and starting one’s own business;(g)

Employ persons with disabilities in the public sector;(h) Promote the employment of persons with disabilities in the private sector
through appropriate policies and measures, which may include affirmative action
programmes, incentives and other measures;(i) Ensure that reasonable accommodation is provided to persons withdisabilities in the workplace;(j) Promote the acquisition by persons with disabilities of work experiencein the open labour market;(k) Promote vocational and professional rehabilitation, job retention andreturn-to-work programmes for persons with disabilities.
16

A/RES/61/106

2.
States Parties shall ensure that persons with disabilities are not held in slavery
or in servitude, and are protected, on an equal basis with others, from forced orcompulsory labour.
Article 28
Adequate standard of living and social protection
1.
States Parties recognize the right of persons with disabilities to an adequate
standard of living for themselves and their families, including adequate food,clothing and housing, and to the continuous improvement of living conditions, andshall take appropriate steps to safeguard and promote the realization of this rightwithout discrimination on the basis of disability.
2.
States Parties recognize the right of persons with disabilities to social
protection and to the enjoyment of that right without discrimination on the basis of
disability, and shall take appropriate steps to safeguard and promote the realizationof this right, including measures:(a) To ensure equal access by persons with disabilities to clean water
services, and to ensure access to appropriate and affordable services, devices andother assistance for disability-related needs;(b) To ensure access by persons with disabilities, in particular women andgirls with disabilities and older persons with disabilities, to social protection
programmes and poverty reduction programmes;(c) To ensure access by persons with disabilities and their families living insituations of poverty to assistance from the State with disability-related expenses,
including adequate training, counselling, financial assistance and respite care;(d) To ensure access by persons with disabilities to public housing
programmes;(e) To ensure equal access by persons with disabilities to retirement benefits
and programmes.
Article 29
Participation in political and public life
States Parties shall guarantee to persons with disabilities political rights andthe opportunity to enjoy them on an equal basis with others, and shall undertake:(a) To ensure that persons with disabilities can effectively and fully
participate in political and public life on an equal basis with others, directly or
through freely chosen representatives, including the right and opportunity for
persons with disabilities to vote and be elected, inter alia, by:(i) Ensuring that voting procedures, facilities and materials are appropriate,
accessible and easy to understand and use;(ii) Protecting the right of persons with disabilities to vote by secret ballot inelections and public referendums without intimidation, and to stand forelections, to effectively hold office and perform all public functions at alllevels of government, facilitating the use of assistive and new technologies
where appropriate;(iii) Guaranteeing the free expression of the will of persons with disabilities
as electors and to this end, where necessary, at their request, allowing
assistance in voting by a person of their own choice;17

A/RES/61/106(b) To promote actively an environment in which persons with disabilities
can effectively and fully participate in the conduct of public affairs, without
discrimination and on an equal basis with others, and encourage their participationin public affairs, including:(i) Participation in non-governmental organizations and associations
concerned with the public and political life of the country, and in the activities
and administration of political parties;(ii) Forming and joining organizations of persons with disabilities torepresent persons with disabilities at international, national, regional and local
levels.
Article 30
Participation in cultural life, recreation, leisure and sport
1.
States Parties recognize the right of persons with disabilities to take part on an
equal basis with others in cultural life, and shall take all appropriate measures toensure that persons with disabilities:(a)Enjoy access to cultural materials in accessible formats;(b) Enjoy access to television programmes, films, theatre and other culturalactivities, in accessible formats;(c) Enjoy access to places for cultural performances or services, such as
theatres, museums, cinemas, libraries and tourism services, and, as far as possible,
enjoy access to monuments and sites of national cultural importance.
2.
States Parties shall take appropriate measures to enable persons withdisabilities to have the opportunity to develop and utilize their creative, artistic andintellectual potential, not only for their own benefit, but also for the enrichment ofsociety.
3.
States Parties shall take all appropriate steps, in accordance with internationallaw, to ensure that laws protecting intellectual property rights do not constitute an
unreasonable or discriminatory barrier to access by persons with disabilities tocultural materials.
4.
Persons with disabilities shall be entitled, on an equal basis with others, torecognition and support of their specific cultural and linguistic identity, including
sign languages and deaf culture.
5.
With a view to enabling persons with disabilities to participate on an equalbasis with others in recreational, leisure and sporting activities, States Parties shalltake appropriate measures:(a) To encourage and promote the participation, to the fullest extent possible,of persons with disabilities in mainstream sporting activities at all levels;(b) To ensure that persons with disabilities have an opportunity to organize,
develop and participate in disability-specific sporting and recreational activities and,to this end, encourage the provision, on an equal basis with others, of appropriate
instruction, training and resources;(c) To ensure that persons with disabilities have access to sporting,recreational and tourism venues;

18

A/RES/61/106(d) To ensure that children with disabilities have equal access with otherchildren to participation in play, recreation and leisure and sporting activities,
including those activities in the school system;(e) To ensure that persons with disabilities have access to services fromthose involved in the organization of recreational, tourism, leisure and sporting
activities.
Article 31
Statistics and data collection
1.
States Parties undertake to collect appropriate information, including statisticaland research data, to enable them to formulate and implement policies to give effectto the present Convention. The process of collecting and maintaining thisinformation shall:(a) Comply with legally established safeguards, including legislation on dataprotection, to ensure confidentiality and respect for the privacy of persons withdisabilities;(b) Comply with internationally accepted norms to protect human rights andfundamental freedoms and ethical principles in the collection and use of statistics.
2.
The information collected in accordance with this article shall bedisaggregated, as appropriate, and used to help assess the implementation of States
Parties’ obligations under the present Convention and to identify and address thebarriers faced by persons with disabilities in exercising their rights.
3.
States Parties shall assume responsibility for the dissemination of thesestatistics and ensure their accessibility to persons with disabilities and others.
Article 32
International cooperation
1.
States Parties recognize the importance of international cooperation and its
promotion, in support of national efforts for the realization of the purpose andobjectives of the present Convention, and will undertake appropriate and effective
measures in this regard, between and among States and, as appropriate, inpartnership with relevant international and regional organizations and civil society,in particular organizations of persons with disabilities. Such measures could
include, inter alia:(a) Ensuring that international cooperation, including international development
programmes, is inclusive of and accessible to persons with disabilities;(b) Facilitating and supporting capacity-building, including through theexchange and sharing of information, experiences, training programmes and bestpractices;(c) Facilitating cooperation in research and access to scientific and technicalknowledge;(d) Providing, as appropriate, technical and economic assistance, including
by facilitating access to and sharing of accessible and assistive technologies, andthrough the transfer of technologies.
2.
The provisions of this article are without prejudice to the obligations of eachState Party to fulfil its obligations under the present Convention.

19

A/RES/61/106

Article 33
National implementation and monitoring
1.
States Parties, in accordance with their system of organization, shall designate
one or more focal points within government for matters relating to theimplementation of the present Convention, and shall give due consideration to theestablishment or designation of a coordination mechanism within government tofacilitate related action in different sectors and at different levels.
2.
States Parties shall, in accordance with their legal and administrative systems,
maintain, strengthen, designate or establish within the State Party, a framework,
including one or more independent mechanisms, as appropriate, to promote, protect
and monitor implementation of the present Convention. When designating or
establishing such a mechanism, States Parties shall take into account the principles
relating to the status and functioning of national institutions for protection andpromotion of human rights.
3.
Civil society, in particular persons with disabilities and their representative
organizations, shall be involved and participate fully in the monitoring process.
Article 34
Committee on the Rights of Persons with Disabilities
1.
There shall be established a Committee on the Rights of Persons with
Disabilities (hereafter referred to as “the Committee”), which shall carry out thefunctions hereinafter provided.
2.
The Committee shall consist, at the time of entry into force of the present
Convention, of twelve experts. After an additional sixty ratifications or accessions
to the Convention, the membership of the Committee shall increase by six members,
attaining a maximum number of eighteen members.
3.
The members of the Committee shall serve in their personal capacity and shallbe of high moral standing and recognized competence and experience in the fieldcovered by the present Convention. When nominating their candidates, States
Parties are invited to give due consideration to the provision set out in article 4,paragraph 3, of the present Convention.
4.
The members of the Committee shall be elected by States Parties,
consideration being given to equitable geographical distribution, representation of
the different forms of civilization and of the principal legal systems, balanced
gender representation and participation of experts with disabilities.
5.
The members of the Committee shall be elected by secret ballot from a list of
persons nominated by the States Parties from among their nationals at meetings of
the Conference of States Parties. At those meetings, for which two thirds of States
Parties shall constitute a quorum, the persons elected to the Committee shall bethose who obtain the largest number of votes and an absolute majority of the votesof the representatives of States Parties present and voting.
6.
The initial election shall be held no later than six months after the date of entry
into force of the present Convention. At least four months before the date of eachelection, the Secretary-General of the United Nations shall address a letter to theStates Parties inviting them to submit the nominations within two months. The
Secretary-General shall subsequently prepare a list in alphabetical order of all
persons thus nominated, indicating the State Parties which have nominated them,and shall submit it to the States Parties to the present Convention.

20

A/RES/61/106

7.
The members of the Committee shall be elected for a term of four years. They
shall be eligible for re-election once. However, the term of six of the members
elected at the first election shall expire at the end of two years; immediately after
the first election, the names of these six members shall be chosen by lot by thechairperson of the meeting referred to in paragraph 5 of this article.
8.
The election of the six additional members of the Committee shall be held on
the occasion of regular elections, in accordance with the relevant provisions of thisarticle.
9.
If a member of the Committee dies or resigns or declares that for any othercause she or he can no longer perform her or his duties, the State Party which
nominated the member shall appoint another expert possessing the qualifications
and meeting the requirements set out in the relevant provisions of this article, toserve for the remainder of the term.
10.

The Committee shall establish its own rules of procedure.

11. The Secretary-General of the United Nations shall provide the necessary staff
and facilities for the effective performance of the functions of the Committee under
the present Convention, and shall convene its initial meeting.
12. With the approval of the General Assembly of the United Nations, themembers of the Committee established under the present Convention shall receive
emoluments from United Nations resources on such terms and conditions as the
Assembly may decide, having regard to the importance of the Committee’s
responsibilities.
13. The members of the Committee shall be entitled to the facilities, privileges andimmunities of experts on mission for the United Nations as laid down in the relevant
sections of the Convention on the Privileges and Immunities of the United Nations.
Article 35
Reports by States Parties
1.
Each State Party shall submit to the Committee, through the Secretary-Generalof the United Nations, a comprehensive report on measures taken to give effect toits obligations under the present Convention and on the progress made in thatregard, within two years after the entry into force of the present Convention for theState Party concerned.
2.
Thereafter, States Parties shall submit subsequent reports at least every four
years and further whenever the Committee so requests.
3.
The Committee shall decide any guidelines applicable to the content of thereports.
4.
A State Party which has submitted a comprehensive initial report to theCommittee need not, in its subsequent reports, repeat information previously
provided. When preparing reports to the Committee, States Parties are invited toconsider doing so in an open and transparent process and to give due consideration
to the provision set out in article 4, paragraph 3, of the present Convention.
5.
Reports may indicate factors and difficulties affecting the degree of fulfilmentof obligations under the present Convention.

21

A/RES/61/106

Article 36
Consideration of reports
1.
Each report shall be considered by the Committee, which shall make suchsuggestions and general recommendations on the report as it may consider
appropriate and shall forward these to the State Party concerned. The State Party
may respond with any information it chooses to the Committee. The Committee may
request further information from States Parties relevant to the implementation of thepresent Convention.
2.
If a State Party is significantly overdue in the submission of a report, theCommittee may notify the State Party concerned of the need to examine theimplementation of the present Convention in that State Party, on the basis of reliable
information available to the Committee, if the relevant report is not submitted
within three months following the notification. The Committee shall invite the State
Party concerned to participate in such examination. Should the State Party respondby submitting the relevant report, the provisions of paragraph 1 of this article will
apply.
3.
The Secretary-General of the United Nations shall make available the reports
to all States Parties.
4.
States Parties shall make their reports widely available to the public in theirown countries and facilitate access to the suggestions and general recommendations
relating to these reports.
5.
The Committee shall transmit, as it may consider appropriate, to thespecialized agencies, funds and programmes of the United Nations, and othercompetent bodies, reports from States Parties in order to address a request or
indication of a need for technical advice or assistance contained therein, along with
the Committee’s observations and recommendations, if any, on these requests orindications.
Article 37
Cooperation between States Parties and the Committee
1.
Each State Party shall cooperate with the Committee and assist its members in
the fulfilment of their mandate.
2.
In its relationship with States Parties, the Committee shall give due
consideration to ways and means of enhancing national capacities for the
implementation of the present Convention, including through international
cooperation.
Article 38
Relationship of the Committee with other bodies
In order to foster the effective implementation of the present Convention andto encourage international cooperation in the field covered by the present
Convention:(a) The specialized agencies and other United Nations organs shall beentitled to be represented at the consideration of the implementation of suchprovisions of the present Convention as fall within the scope of their mandate. The
Committee may invite the specialized agencies and other competent bodies as it
may consider appropriate to provide expert advice on the implementation of theConvention in areas falling within the scope of their respective mandates. The
22

A/RES/61/106

Committee may invite specialized agencies and other United Nations organs tosubmit reports on the implementation of the Convention in areas falling within thescope of their activities;(b) The Committee, as it discharges its mandate, shall consult, as
appropriate, other relevant bodies instituted by international human rights treaties,
with a view to ensuring the consistency of their respective reporting guidelines,
suggestions and general recommendations, and avoiding duplication and overlap in
the performance of their functions.
Article 39
Report of the Committee
The Committee shall report every two years to the General Assembly and to
the Economic and Social Council on its activities, and may make suggestions andgeneral recommendations based on the examination of reports and information
received from the States Parties. Such suggestions and general recommendations
shall be included in the report of the Committee together with comments, if any,
from States Parties.
Article 40
Conference of States Parties
1.
The States Parties shall meet regularly in a Conference of States Parties inorder to consider any matter with regard to the implementation of the present
Convention.
2.
No later than six months after the entry into force of the present Convention,
the Conference of States Parties shall be convened by the Secretary-General of theUnited Nations. The subsequent meetings shall be convened by the SecretaryGeneral biennially or upon the decision of the Conference of States Parties.
Article 41
Depositary
The Secretary-General of the United Nations shall be the depositary of thepresent Convention.
Article 42
Signature
The present Convention shall be open for signature by all States and byregional integration organizations at United Nations Headquarters in New York as of
30 March 2007.
Article 43
Consent to be boundThe present Convention shall be subject to ratification by signatory States andto formal confirmation by signatory regional integration organizations. It shall be
open for accession by any State or regional integration organization which has not
signed the Convention.

23

A/RES/61/106

Article 44
Regional integration organizations
1.
“Regional integration organization” shall mean an organization constituted bysovereign States of a given region, to which its member States have transferredcompetence in respect of matters governed by the present Convention. Suchorganizations shall declare, in their instruments of formal confirmation or accession,
the extent of their competence with respect to matters governed by the present
Convention. Subsequently, they shall inform the depositary of any substantial
modification in the extent of their competence.
2.
References to “States Parties” in the present Convention shall apply to suchorganizations within the limits of their competence.
3.
For the purposes of article 45, paragraph 1, and article 47, paragraphs 2 and 3,of the present Convention, any instrument deposited by a regional integration
organization shall not be counted.
4.
Regional integration organizations, in matters within their competence, may
exercise their right to vote in the Conference of States Parties, with a number ofvotes equal to the number of their member States that are Parties to the present
Convention. Such an organization shall not exercise its right to vote if any of its
member States exercises its right, and vice versa.
Article 45
Entry into force
1.
The present Convention shall enter into force on the thirtieth day after thedeposit of the twentieth instrument of ratification or accession.
2.
For each State or regional integration organization ratifying, formallyconfirming or acceding to the present Convention after the deposit of the twentiethsuch instrument, the Convention shall enter into force on the thirtieth day after thedeposit of its own such instrument.
Article 46
Reservations
1.
Reservations incompatible with the object and purpose of the present
Convention shall not be permitted.
2.

Reservations may be withdrawn at any time.

Article 47
Amendments
1.
Any State Party may propose an amendment to the present Convention andsubmit it to the Secretary-General of the United Nations. The Secretary-Generalshall communicate any proposed amendments to States Parties, with a request to be
notified whether they favour a conference of States Parties for the purpose of
considering and deciding upon the proposals. In the event that, within four months
from the date of such communication, at least one third of the States Parties favour
such a conference, the Secretary-General shall convene the conference under the
auspices of the United Nations. Any amendment adopted by a majority of two thirdsof the States Parties present and voting shall be submitted by the Secretary-General
to the General Assembly of the United Nations for approval and thereafter to all
States Parties for acceptance.
24

A/RES/61/106

2.
An amendment adopted and approved in accordance with paragraph 1 of thisarticle shall enter into force on the thirtieth day after the number of instruments ofacceptance deposited reaches two thirds of the number of States Parties at the dateof adoption of the amendment. Thereafter, the amendment shall enter into force for
any State Party on the thirtieth day following the deposit of its own instrument of
acceptance. An amendment shall be binding only on those States Parties which haveaccepted it.
3.
If so decided by the Conference of States Parties by consensus, anamendment adopted and approved in accordance with paragraph 1 of this article
which relates exclusively to articles 34, 38, 39 and 40 shall enter into force for all
States Parties on the thirtieth day after the number of instruments of acceptancedeposited reaches two thirds of the number of States Parties at the date ofadoption of the amendment.
Article 48
Denunciation
A State Party may denounce the present Convention by written notification to
the Secretary-General of the United Nations. The denunciation shall become
effective one year after the date of receipt of the notification by the SecretaryGeneral.
Article 49
Accessible format
The text of the present Convention shall be made available in accessible
formats.
Article 50
Authentic texts
The Arabic, Chinese, English, French, Russian and Spanish texts of the present
Convention shall be equally authentic.
IN WITNESS THEREOF the undersigned plenipotentiaries, being duly authorized
thereto by their respective Governments, have signed the present Convention.
Annex II
Optional Protocol to the Convention on the Rights of Persons with Disabilities
The States Parties to the present Protocol have agreed as follows:
Article 1
1.
A State Party to the present Protocol (“State Party”) recognizes thecompetence of the Committee on the Rights of Persons with Disabilities (“theCommittee”) to receive and consider communications from or on behalf ofindividuals or groups of individuals subject to its jurisdiction who claim to be
victims of a violation by that State Party of the provisions of the Convention.
2.
No communication shall be received by the Committee if it concerns a State
Party to the Convention that is not a party to the present Protocol.

25

A/RES/61/106

Article 2
The Committee shall consider a communication inadmissible when:(a)

The communication is anonymous;(b) The communication constitutes an abuse of the right of submission ofsuch communications or is incompatible with the provisions of the Convention;(c) The same matter has already been examined by the Committee or has
been or is being examined under another procedure of international investigation orsettlement;(d) All available domestic remedies have not been exhausted. This shall not
be the rule where the application of the remedies is unreasonably prolonged or
unlikely to bring effective relief;(e)

It is manifestly ill-founded or not sufficiently substantiated; or when(f) The facts that are the subject of the communication occurred prior to theentry into force of the present Protocol for the State Party concerned unless thosefacts continued after that date.
Article 3
Subject to the provisions of article 2 of the present Protocol, the Committee
shall bring any communications submitted to it confidentially to the attention of theState Party. Within six months, the receiving State shall submit to the Committee
written explanations or statements clarifying the matter and the remedy, if any, that
may have been taken by that State.
Article 4
1.
At any time after the receipt of a communication and before a determinationon the merits has been reached, the Committee may transmit to the State Party
concerned for its urgent consideration a request that the State Party take suchinterim measures as may be necessary to avoid possible irreparable damage to thevictim or victims of the alleged violation.
2.
Where the Committee exercises its discretion under paragraph 1 of this article,
this does not imply a determination on admissibility or on the merits of thecommunication.
Article 5
The Committee shall hold closed meetings when examining communications
under the present Protocol. After examining a communication, the Committee shallforward its suggestions and recommendations, if any, to the State Party concerned
and to the petitioner.
Article 61.
If the Committee receives reliable information indicating grave or systematic
violations by a State Party of rights set forth in the Convention, the Committee shallinvite that State Party to cooperate in the examination of the information and to thisend submit observations with regard to the information concerned.
2.
Taking into account any observations that may have been submitted by theState Party concerned as well as any other reliable information available to it, the26

A/RES/61/106

Committee may designate one or more of its members to conduct an inquiry and toreport urgently to the Committee. Where warranted and with the consent of the State
Party, the inquiry may include a visit to its territory.
3.
After examining the findings of such an inquiry, the Committee shall transmit
these findings to the State Party concerned together with any comments andrecommendations.
4.
The State Party concerned shall, within six months of receiving the findings,
comments and recommendations transmitted by the Committee, submit its
observations to the Committee.
5.
Such an inquiry shall be conducted confidentially and the cooperation of theState Party shall be sought at all stages of the proceedings.
Article 7
1.
The Committee may invite the State Party concerned to include in its reportunder article 35 of the Convention details of any measures taken in response to an
inquiry conducted under article 6 of the present Protocol.
2.
The Committee may, if necessary, after the end of the period of six months
referred to in article 6, paragraph 4, invite the State Party concerned to inform it of
the measures taken in response to such an inquiry.
Article 8
Each State Party may, at the time of signature or ratification of the present
Protocol or accession thereto, declare that it does not recognize the competence of
the Committee provided for in articles 6 and 7.
Article 9
The Secretary-General of the United Nations shall be the depositary of thepresent Protocol.
Article 10
The present Protocol shall be open for signature by signatory States andregional integration organizations of the Convention at United Nations Headquarters
in New York as of 30 March 2007.
Article 11
The present Protocol shall be subject to ratification by signatory States of thepresent Protocol which have ratified or acceded to the Convention. It shall be
subject to formal confirmation by signatory regional integration organizations of thepresent Protocol which have formally confirmed or acceded to the Convention. It
shall be open for accession by any State or regional integration organization which
has ratified, formally confirmed or acceded to the Convention and which has not
signed the Protocol.
Article 121.
“Regional integration organization” shall mean an organization constituted bysovereign States of a given region, to which its member States have transferredcompetence in respect of matters governed by the Convention and the present
Protocol. Such organizations shall declare, in their instruments of formal
27

A/RES/61/106

confirmation or accession, the extent of their competence with respect to mattersgoverned by the Convention and the present Protocol. Subsequently, they shallinform the depositary of any substantial modification in the extent of theircompetence.
2.
References to “States Parties” in the present Protocol shall apply to suchorganizations within the limits of their competence.
3.
For the purposes of article 13, paragraph 1, and article 15, paragraph 2, of thepresent Protocol, any instrument deposited by a regional integration organization
shall not be counted.
4.
Regional integration organizations, in matters within their competence, may
exercise their right to vote in the meeting of States Parties, with a number of votes
equal to the number of their member States that are Parties to the present Protocol.
Such an organization shall not exercise its right to vote if any of its member States
exercises its right, and vice versa.
Article 13
1.
Subject to the entry into force of the Convention, the present Protocol shallenter into force on the thirtieth day after the deposit of the tenth instrument of
ratification or accession.
2.
For each State or regional integration organization ratifying, formallyconfirming or acceding to the present Protocol after the deposit of the tenth such
instrument, the Protocol shall enter into force on the thirtieth day after the deposit of
its own such instrument.
Article 141.
Reservations incompatible with the object and purpose of the present Protocol
shall not be permitted.
2.

Reservations may be withdrawn at any time.

Article 15
1.
Any State Party may propose an amendment to the present Protocol andsubmit it to the Secretary-General of the United Nations. The Secretary-Generalshall communicate any proposed amendments to States Parties, with a request to be
notified whether they favour a meeting of States Parties for the purpose of
considering and deciding upon the proposals. In the event that, within four months
from the date of such communication, at least one third of the States Parties favour
such a meeting, the Secretary-General shall convene the meeting under the auspicesof the United Nations. Any amendment adopted by a majority of two thirds of theStates Parties present and voting shall be submitted by the Secretary-General to theGeneral Assembly of the United Nations for approval and thereafter to all States
Parties for acceptance.
2.
An amendment adopted and approved in accordance with paragraph 1 of thisarticle shall enter into force on the thirtieth day after the number of instruments ofacceptance deposited reaches two thirds of the number of States Parties at the dateof adoption of the amendment. Thereafter, the amendment shall enter into force for
any State Party on the thirtieth day following the deposit of its own instrument of
acceptance. An amendment shall be binding only on those States Parties which haveaccepted it.
28

A/RES/61/106

Article 16
A State Party may denounce the present Protocol by written notification to theSecretary-General of the United Nations. The denunciation shall become effective
one year after the date of receipt of the notification by the Secretary-General.
Article 17
The text of the present Protocol shall be made available in accessible formats.
Article 18
The Arabic, Chinese, English, French, Russian and Spanish texts of the present
Protocol shall be equally authentic.
IN WITNESS THEREOF the undersigned plenipotentiaries, being duly authorized
thereto by their respective Governments, have signed the present Protocol.

29