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Back to: Proposed Modifications by Governments
Seventh Session | Ad Hoc Committee Main

Contribution by Governments

United States of America

United States proposal for Preamble

New paragraph on the role of the family (based on the preambular paragraph proposed in the Chair’s revised text of Article 23):

Convinced that the family, as the fundamental group of society, should receive support, information, and services to enable it to contribute toward the full and equal enjoyment of the rights of persons with disabilities;

New paragraph on genetic testing (in place of the United States proposal for a new Article 25(e)):

Recognizing the need to protect the privacy of persons with disabilities subject to genetic testing and bearing in mind in this regard the ethical principles embodied in the UNESCO International Declaration on Human Genetic Data;

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• Info Sheet on Article 13 (MS Word)

U.S. DISABILITY RIGHTS LAW: ACCESS TO JUSTICE

In the United States, persons with disabilities have the right to access the judicial process, law enforcement services, and detention facilities on an equal basis with others.

New construction: Newly constructed and altered public facilities, such as courthouses, police stations, and prisons, must comply with specific architectural standards to be accessible to persons with disabilities.

• For example, courtrooms must have accessible jury facilities (e.g., jury boxes, deliberation rooms, restrooms, and kitchens provided for juror use); witness boxes; waiting rooms; and spectator areas. Judges’ benches, and court officer stations, such as those provided for clerks, bailiffs, and court reporters should be easily adaptable for when persons with disabilities are employed in those positions.
• Prisons must have accessible holding cells, including beds, benches, and toilet and bathing facilities.

Existing facilties: Where services are provided in inaccessible older buildings and facilities, public entities should relocate those services to accessible locations where necessary to provide equal access for persons with disabilities. If necessary, older existing facilities must be altered to provide accessible feathures.

• For example, if an old courthouse has no accessible elevator and a hearing is scheduled in a second-floor courtroom, the hearing should be relocated to a ground floor courtroom where necessary to allow a participant who uses a wheelchair to participate equally in the proceedings. If there are no accessible courtrooms or entrances, these features must be provided to make the judicial programs accessible unless doing so would constitute an undue burden.

Effective communication: Public entities must take measures to communicate effectively with persons who are deaf, hard-of-hearing, blind, have low vision, or have speech impairments. This may include ensuring that qualified oral/sign language interpreters are available to interpret court proceedings, public meetings, and in-person transactions, including investigations and arrests by police. Other measures may include the provision of real-time captioning services, assistive listening devices in courtrooms, and TTY phones for public use.

Modification of policies: Public entities may need to make reasonable modifications to policies, practices, and procedures where necessary to provide equal access for persons with disabilities, unless they can demonstrate that doing so would fundamentally alter the nature of the service, program or activity being provided.

• For example, in prisons, where inmate telephone calls are time-limited, the prison may be required to permit inmates who use TTY phones a longer period of time to make those calls, due to the slower nature of TTY communication compared to voice communication.
• A policy prohibiting animals in a courtroom should be modified to allow persons accompanied by service animals to enter a courtroom and participate on an equal basis with others.

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United States of America - Proposal on Article 23 (MS Word)

SUGGESTED MODIFICATIONS TO ARTICLE 23 (“RESPECT FOR HOME AND FAMILY”)

1. States Parties shall take effective and appropriate measures to eliminate discrimination against persons with disabilities in all matters relating to marriage, family and personal relations, and in particular shall ensure, on an equal basis with others:

(a) That persons with disabilities are not denied the equal opportunity to [experience their sexuality,] have sexual and other intimate relationships and experience parenthood [in accordance with national laws, customs and traditions of general application];

(b) That the right of all [men and women] [persons] with disabilities who are of marriageable age to marry and to found a family on the basis of free and full consent of the intending spouses is recognized [and that spouses should be equal partners];

(c) 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, bearing in mind parental responsibility over their minor children in this regard, the means necessary to enable them to exercise these rights and the equal opportunity to retain their fertility to the extent that these are permitted by national laws of general application].

2. States Parties shall ensure the rights and responsibilities of persons with disabilities with regard to guardianship, wardship, trusteeship and adoption of children, or similar institutions where these concepts exist in national legislation; in all cases the interests of the children shall be paramount. States Parties shall render appropriate assistance to disabled persons in the performance of their child-rearing responsibilities.

3. Recognizing that the family is the natural and fundamental group unit of society and is entitled to protection by society and the State, States Parties shall ensure that a child is not separated from his or her parents against their will, except when competent authorities determine, in accordance with national laws and procedures of general application and subject to judicial review or other forms of administrative review as established by law, that such separation 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 both of the parents.

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• Info Sheet on Article 25 (MS Word)

U.S. DISABILITY RIGHTS LAW: ACCESS TO HEALTH CARE

In the United States, persons with disabilities have the right to access health care and services on an equal basis with others.

Accessible patient rooms: Hospitals and other residential health care facilities should ensure that some of their patient rooms are fully accessible to persons with disabilities. Accessible features may include adjustable height beds, accessible toilet rooms, visual alarms, TTY and volume control phones, and closed captioned televisions. When not operating at full capacity, accessible rooms should be reserved for persons with disabilities.

Medical equipment: Facilities should ensure that examination rooms contain at least one adjustable height examination table that enables individuals who use wheelchairs to more easily and safely transfer to the examination equipment. Other accessible medical equipment may include accessible chairs, mechanical lifts, transfer boards, accessible radiologic equipment, and wheelchair scales.

Barrier removal: Facilities should survey their buildings and facilities to determine where structural barriers may exist, and remove them. Public phone banks should include TTY phones and/or signage indicating where TTY phones may be found.

Effective communication policies: Healthcare providers should ensure that they are providing effective communication for individuals who are deaf, hard-of-hearing, blind, have low vision, or have speech impairments, which includes ensuring that patients are provided appropriate auxiliary aids and services, such as qualified sign language and oral interpreters. Facilities should also provide a means of accessible phone communication (TTY) for persons who need them.

Training: Healthcare providers should ensure that all staff involved in direct patient assistance – such as doctors, nurses, aides, receptionists, orderlies, and admissions staff – receive proper training on providing equal access for patients with disabilities. Such training should address topics such as conducting individualized patient assessments to determine whether patients will require any unique assistance, communicating with persons with cognitive impairments, proper operation of transfer equipment, and proper lifting and transferring techniques.

Service animals: Healthcare providers should adopt policies that allow persons accompanied by service animals to go anywhere in the healthcare facility except for those limited areas where special infection control procedures are necessary, such as surgical suites.

Accessible transportation: Facilities should ensure that ambulances and hospital shuttle buses are accessible to persons with disabilities and do not deny services to any persons with disabilities, including those with HIV disease.

Consultation with the community: Facilities should consult with persons with disabilities and other accessibility experts in the development of policies, training, barrier removal, and the acquisition of accessible equipment.

Complaint process: Facilities should appoint an individual or office to be responsible for ensuring that medical services are accessible to persons with disabilities, and provide a process by which the facility will resolve complaints in a timely manner.

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U.S. Proposal on Article 25 (MS Word)

SUGGESTED MODIFICATIONS TO ARTICLE 25 (“HEALTH”)

States Parties recognise that persons with disabilities have the right to the enjoyment of the progressive realization of the highest attainable standard of physical and mental health without discrimination on the basis of disability. States Parties shall take all appropriate measures to ensure access for persons with disabilities to health services, including health-related rehabilitation in an accessible environment on an equal basis with others. In particular, States Parties shall:

(a) provide persons with disabilities with the same [range and] standard and quality of affordable health care services as provided other persons, [including sexual and reproductive health services], and population-based public health programmes;

(b) provide those health services needed by persons with disabilities specifically because of their disabilities including early identification and intervention as appropriate, and services designed to minimise and prevent further disabilities including amongst children and the elderly;

(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 to persons with disabilities as to others and on the basis of free and informed consent and parents’ involvement in health decisions regarding their minor children by, inter alia where necessary, raising awareness of the human rights, dignity, autonomy and needs of persons with disabilities through training and the promulgation of ethical standards for public and private healthcare;

(new e) require that prior, free, informed and express consent be obtained for the collection of genetic data from persons with disabilities or their legal representative, that such consent also be obtained for subsequent processing, use and storage of genetic samples, whether carried out by public or private institutions except as provided for in specific procedures for waiver of consent set forth in domestic law, regulation, or policy, or in regional conventions, consistent with the principles of this Convention;

(old e, new f) prohibit discrimination against persons with disabilities in the provision of health insurance, and life insurance where permitted by national law, which shall be provided in a fair and reasonable manner;

(new g) States Parties shall encourage research and the development, dissemination and application of new knowledge and technologies that benefit persons with disabilities that are compatible with the respect for human rights and the protection of human life.

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U.S. proposal - Article 28:

In Article 28(1), delete "including access to clean water."

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• Info Sheet on Article 29 (MS Word)

U.S. DISABILITY RIGHTS LAW: VOTING

In the United States, persons with disabilities have the right to vote, hold public office, and otherwise participate in the political process on an equal basis with others.

Polling places: Public entities should ensure that all polling places in each precinct or voting district have accessible parking, accessible exterior routes, accessible entrances and accessible interior routes to the voting area. Each polling place should have at least one voting booth that can accommodate voters who use wheelchairs, and magnifiers for persons with low vision. Where resources do not permit permanent measures, facilities can be temporarily retrofitted for election day by the use of mobile ramps and by posting additional disabled parking signs.

If a community is unable to make all of its polling places accessible,

Alternate locations: Public entities should identify and publicize alternate accessible
polling places in each precinct or voting district where persons with disabilities may vote.

Same-day balloting: Public entities should provide opportunities for same-day balloting
that ensure that voters with disabilities have the same degree of information available to them when casting their ballots as others. In addition to permitting voting at alternate accessible locations, election officials should provide curbside voting at the inaccessible polling place on election day.

Voting equipment: When a public entity purchases new voting machines, one such machine per polling precinct should allow for persons who are blind or have low vision to vote privately and independently, and should be accessible to those who use wheelchairs or have limited manual dexterity.

Arrangement of equipment: When setting up voting equipment, public entities should ensure that the accessible equipment is located on an accessible route and placed on an accessible surface. Controls and operating mechanisms should be within the reach range of a wheelchair user.

Voter registration: Public entities should ensure that voter registration locations are accessible to persons with disabilities, and, where they are not, allow persons to register to vote through alternative means or at alternative locations. All registration materials should be available in alternate formats, including braille, large print, audiotape, and computer disk.

Training: Public entities should provide training for poll workers on the rights of people with disabilities and the practical means of assuring those rights. The training should cover:

• maintenance of the physical accessibility of polling locations
• operation of the accessibility features of voting equipment; and
• assistance for persons with disabilities.

United States - Fact Sheets:

• Accessibility (MS Word)
• Access to Health Care (MS Word)
• Access to Justice (MS Word)
• Children with Disabilities (MS Word)
• Education (MS Word)
• Living Independently (MS Word)
• Political and Public Life (MS Word)
• Voting (MS Word)