The Convention follows the tradition of civil law, it is made up of a preamble and 50 articles, which include rights of a civil, political, social, economic and cultural nature. Unlike many United Nations pacts and conventions, it is not formally divided into parts.

Guiding principles of the Convention

How the objective of the convention is defined:

The Convention and each of its articles are based on eight guiding principles:[9]​.

Definition of disability

The convention adopts a social model of disability, and among them disability is defined as:.

Principle of "reasonable adjustments"

For the purposes of this Convention:

Equality and non-discrimination. It is recognized that all persons are equal before and under the Law and have the right to the same legal protection and to benefit from the law to the same extent, without any discrimination.

All discrimination on the basis of disability is prohibited and all persons with disabilities will be guaranteed equal and effective legal protection against discrimination for any reason.

Accessibility

The Convention emphasizes that:

The States Parties will also adopt the pertinent measures to:.

Risk situations and humanitarian emergencies

The Convention emphasizes humanitarian aid:

Right to education

The Convention establishes that people with disabilities must have their right to education guaranteed. Therefore, the article explains to us that:

States Parties must ensure that:

It is estimated that States Parties should adopt appropriate measures, such as:

In simple words, the right to inclusive education is recognized, to be educated in the same schools as the rest of the people, therefore States have the obligation to provide support so that people with disabilities can be educated on an equal basis with others and guarantee that they have access to higher education and lifelong learning.[2].

Right to live independently

The Convention recognizes the right of people with disabilities to choose with whom and where to live, therefore States have the obligation to provide all necessary support so that people with disabilities can live as they choose and are not isolated. This right is recognized in article 19 of the Convention.

Right to start a family

The Convention recognizes the right of people with disabilities to form a family, have sexual relations, have children, maintain their reproductive capacity, etc. No child can be separated from his or her parents because one of them has a disability, recognized in article 23 of the Convention.

Right to work and free employment

The Convention recognizes the right of people with disabilities to free employment, to work in the job they choose. It prohibits discrimination on the basis of disability in employment and obliges States to ensure that people with disabilities receive the same wages and working conditions as others.

In addition to these obligations, States must promote the employment of people with disabilities, ensure their job training, employ people with disabilities, etc.

Participation rights

The Convention on the Rights of Persons with Disabilities recognizes that:.

and.

The Convention takes the participation of people with disabilities as one of its principles, and states:

Voting right

The article on participation in political and public life requires that all Contracting States shall be obliged to regulate:

Under this provision, each Contracting State should provide voting equipment that allows voters with disabilities to vote independently and secretly. Some signatory countries such as the United States, the Netherlands, Slovenia, Albania and India allow voters with disabilities to use electronic voting machines. In others, including Azerbaijan, Kosovo, Canada, Ghana, the United Kingdom, and most African and Asian countries, visually impaired voters can use Braille ballots or template ballots. Still others, like Spain, allow another person to cast the vote for blind or disabled voters. Agreement of this type, however, does not comply with the Convention, since it does not guarantee a secret vote.

Another condition that the same article requires is to ensure that Contracting States ensure that electoral procedures, facilities and materials are adequate, accessible and easy to understand and use.

In some signatory countries such as Sweden and the United States, all polling places are now fully accessible to disabled voters.

Some of the parties have formulated reservations "Reservation (international law)") and interpretative declarations to the application of the Convention:

Some States that have ratified the Convention on the Rights of Persons with Disabilities have attempted to clarify the application of the treaty through interpretative declarations or reservations. Article 2, paragraph 1(d)[10]​ of the Vienna Convention on the Law of Treaties defines a "reservation" as "a unilateral declaration, however worded or denominated, made by a State when signing, ratifying, accepting, approving or acceding to a treaty, for the purpose of excluding or modifying the legal effects of certain provisions of the treaty as they apply to that State." Article 46[11]​ of the Convention on the Rights of Persons with Disabilities allows parties to formulate reservations as long as they are not "incompatible with the object and purpose of this Convention".[12]​.

So far, Australia[13]​[14]​ , Netherlands[14]​[15]​ , El Salvador,[14]​[16]​ Malta,[14]​[17]​ Mauritius[14]​[18]​ and Poland[14]​[19]​ have made reservations to the Convention and several States have made "declarations" to it. It should be noted that the terminology chosen by States to describe their communications as "reservations" or "declarations" has no legal effect; The nature of the exception is determined exclusively by its content in accordance with Article 2 of the Vienna Convention. At the time of writing this report, only the reservation formulated by El Salvador had raised formal objections from Austria due to its "general and imprecise wording".[12]​[14]​.

States considering making reservations or declarations to the Convention should take into account that treaty monitoring bodies have consistently expressed the view that reservations reduce the scope of protection provided by treaties. Hence, these bodies have constantly tried, through their respective mechanisms, to restrict the scope of the reservations formulated and to encourage their withdrawal by the States parties. It is expected that the Committee on the Rights of Persons with Disabilities will also address the issue of reservations and declarations made by States parties to the Convention during the periodic review of reports of States parties, provided for in article 35[20]​ of the Convention.[12]​.

The Optional Protocol to the Convention on the Rights of Persons with Disabilities (OP-CRPD) is a part of the Convention that allows parties to recognize the competence of the Committee on the Rights of Persons with Disabilities to examine complaints from individuals. In fact, as the main article shows:.

The text is largely based on the 1999 CEDAW Optional Protocol.

The Convention and its Optional Protocol entered into force on May 3, 2008.[3]​ At the first Conference of States Parties, countries that have ratified the Convention will elect independent experts who will constitute the Committee on the Rights of Persons with Disabilities, which will receive periodic reports from States Parties on the progress made to implement the Convention. The States Parties will have to designate a central point in the government and create a national mechanism that promotes the implementation of the Convention.[3]​ As of December 2008, it has 80 signatories, 27 of which have ratified.

Contenido

El Comité de los Derechos de las Personas con Discapacidad es un órgano de expertos en derechos humanos encargados de la vigilancia de la aplicación de la Convención, inicialmente integrada por 12 expertos independientes en derechos humanos, con la mitad elegidos por un mandato de dos años y la mitad elegidos por cuatro años.[5]​[21]​ Por lo tanto, como se indica:.

El Protocolo reconoce la competencia del Comité para recibir y considerar comunicaciones de individuos que se hallen bajo la jurisdicción de ese Estado y que aleguen ser víctimas de una violación, por ese Estado Parte, de cualquiera de los derechos enunciados en el Pacto. El Comité no recibirá ninguna comunicación que concierna a un Estado Parte a la Convención que no sea parte en el presente Protocolo.[21]​ Posteriormente, los miembros serán elegidos para un mandato de cuatro años, con la mitad de los miembros elegidos cada dos años. Cuando la Convención ha logrado 80 ratificaciones, la Comisión se ampliará a 18 miembros.

Todos los Estados Partes están obligados a presentar informes periódicos a la Comisión se esbozan las medidas legislativas, judiciales, políticas y demás medidas que hayan adoptado para aplicar los derechos enunciados en la Convención. El primer informe se debe a los dos años de la ratificación de la Convención, entonces se deberán presentar informes cada cuatro años. El Comité examinará cada informe y abordar sus preocupaciones y recomendaciones al Estado Parte en forma de "observaciones finales".

El Comité se reunió en Ginebra, y su primera sesión se llevó a cabo del 23 al 27 de febrero de 2009.[21]​ Posteriormente, el Primer período de sesiones de la Conferencia de los Estados Partes en la Convención sobre los derechos de las personas con discapacidad se celebró en Nueva York el 31 de octubre y el 3 de noviembre de 2008.

Elected members of the Committee on the Rights of Persons with Disabilities

According to the Committee, for the year 2021, its members are:[22]​.

The Committee will meet in Geneva.

Regarding the problem of abortion and disability, according to the Committee on the Rights of Persons with Disabilities, aborting a person due to their disability is a serious form of discrimination and a violation of their right to life, with the language itself (serious fetal malformations) already having a discriminatory burden.[23][24]​.

In 2017, the Committee on the Rights of Persons with Disabilities in a letter to the Human Rights Committee stated that: “Laws that explicitly allow abortion on the basis of malformations violate the Convention on the Rights of Persons with Disabilities (arts. 4, 5 and 8). Even if the condition is considered fatal, the decision is being made on the basis of the disability. Furthermore, it often cannot be determined whether a condition is fatal. Experience shows that Diagnoses of disabling conditions are often false. And even if not false, the diagnosis perpetuates stereotypical notions of disability incompatible with a good life.” The Committee has made recommendations on this matter to countries such as Spain, Austria, Hungary and Great Britain.[25][24]​.

• Argentine portal on disability --.

The Convention follows the tradition of civil law, it is made up of a preamble and 50 articles, which include rights of a civil, political, social, economic and cultural nature. Unlike many United Nations pacts and conventions, it is not formally divided into parts.

Guiding principles of the Convention

How the objective of the convention is defined:

The Convention and each of its articles are based on eight guiding principles:[9]​.

Definition of disability

The convention adopts a social model of disability, and among them disability is defined as:.

Principle of "reasonable adjustments"

For the purposes of this Convention:

Equality and non-discrimination. It is recognized that all persons are equal before and under the Law and have the right to the same legal protection and to benefit from the law to the same extent, without any discrimination.

All discrimination on the basis of disability is prohibited and all persons with disabilities will be guaranteed equal and effective legal protection against discrimination for any reason.

Accessibility

The Convention emphasizes that:

The States Parties will also adopt the pertinent measures to:.

Risk situations and humanitarian emergencies

The Convention emphasizes humanitarian aid:

Right to education

The Convention establishes that people with disabilities must have their right to education guaranteed. Therefore, the article explains to us that:

States Parties must ensure that:

It is estimated that States Parties should adopt appropriate measures, such as:

In simple words, the right to inclusive education is recognized, to be educated in the same schools as the rest of the people, therefore States have the obligation to provide support so that people with disabilities can be educated on an equal basis with others and guarantee that they have access to higher education and lifelong learning.[2].

Right to live independently

The Convention recognizes the right of people with disabilities to choose with whom and where to live, therefore States have the obligation to provide all necessary support so that people with disabilities can live as they choose and are not isolated. This right is recognized in article 19 of the Convention.

Right to start a family

The Convention recognizes the right of people with disabilities to form a family, have sexual relations, have children, maintain their reproductive capacity, etc. No child can be separated from his or her parents because one of them has a disability, recognized in article 23 of the Convention.

Right to work and free employment

The Convention recognizes the right of people with disabilities to free employment, to work in the job they choose. It prohibits discrimination on the basis of disability in employment and obliges States to ensure that people with disabilities receive the same wages and working conditions as others.

In addition to these obligations, States must promote the employment of people with disabilities, ensure their job training, employ people with disabilities, etc.

Participation rights

The Convention on the Rights of Persons with Disabilities recognizes that:.

and.

The Convention takes the participation of people with disabilities as one of its principles, and states:

Voting right

The article on participation in political and public life requires that all Contracting States shall be obliged to regulate:

Under this provision, each Contracting State should provide voting equipment that allows voters with disabilities to vote independently and secretly. Some signatory countries such as the United States, the Netherlands, Slovenia, Albania and India allow voters with disabilities to use electronic voting machines. In others, including Azerbaijan, Kosovo, Canada, Ghana, the United Kingdom, and most African and Asian countries, visually impaired voters can use Braille ballots or template ballots. Still others, like Spain, allow another person to cast the vote for blind or disabled voters. Agreement of this type, however, does not comply with the Convention, since it does not guarantee a secret vote.

Another condition that the same article requires is to ensure that Contracting States ensure that electoral procedures, facilities and materials are adequate, accessible and easy to understand and use.

In some signatory countries such as Sweden and the United States, all polling places are now fully accessible to disabled voters.

Some of the parties have formulated reservations "Reservation (international law)") and interpretative declarations to the application of the Convention:

Some States that have ratified the Convention on the Rights of Persons with Disabilities have attempted to clarify the application of the treaty through interpretative declarations or reservations. Article 2, paragraph 1(d)[10]​ of the Vienna Convention on the Law of Treaties defines a "reservation" as "a unilateral declaration, however worded or denominated, made by a State when signing, ratifying, accepting, approving or acceding to a treaty, for the purpose of excluding or modifying the legal effects of certain provisions of the treaty as they apply to that State." Article 46[11]​ of the Convention on the Rights of Persons with Disabilities allows parties to formulate reservations as long as they are not "incompatible with the object and purpose of this Convention".[12]​.

So far, Australia[13]​[14]​ , Netherlands[14]​[15]​ , El Salvador,[14]​[16]​ Malta,[14]​[17]​ Mauritius[14]​[18]​ and Poland[14]​[19]​ have made reservations to the Convention and several States have made "declarations" to it. It should be noted that the terminology chosen by States to describe their communications as "reservations" or "declarations" has no legal effect; The nature of the exception is determined exclusively by its content in accordance with Article 2 of the Vienna Convention. At the time of writing this report, only the reservation formulated by El Salvador had raised formal objections from Austria due to its "general and imprecise wording".[12]​[14]​.

States considering making reservations or declarations to the Convention should take into account that treaty monitoring bodies have consistently expressed the view that reservations reduce the scope of protection provided by treaties. Hence, these bodies have constantly tried, through their respective mechanisms, to restrict the scope of the reservations formulated and to encourage their withdrawal by the States parties. It is expected that the Committee on the Rights of Persons with Disabilities will also address the issue of reservations and declarations made by States parties to the Convention during the periodic review of reports of States parties, provided for in article 35[20]​ of the Convention.[12]​.

The Optional Protocol to the Convention on the Rights of Persons with Disabilities (OP-CRPD) is a part of the Convention that allows parties to recognize the competence of the Committee on the Rights of Persons with Disabilities to examine complaints from individuals. In fact, as the main article shows:.

The text is largely based on the 1999 CEDAW Optional Protocol.

The Convention and its Optional Protocol entered into force on May 3, 2008.[3]​ At the first Conference of States Parties, countries that have ratified the Convention will elect independent experts who will constitute the Committee on the Rights of Persons with Disabilities, which will receive periodic reports from States Parties on the progress made to implement the Convention. The States Parties will have to designate a central point in the government and create a national mechanism that promotes the implementation of the Convention.[3]​ As of December 2008, it has 80 signatories, 27 of which have ratified.

Contenido

El Comité de los Derechos de las Personas con Discapacidad es un órgano de expertos en derechos humanos encargados de la vigilancia de la aplicación de la Convención, inicialmente integrada por 12 expertos independientes en derechos humanos, con la mitad elegidos por un mandato de dos años y la mitad elegidos por cuatro años.[5]​[21]​ Por lo tanto, como se indica:.

El Protocolo reconoce la competencia del Comité para recibir y considerar comunicaciones de individuos que se hallen bajo la jurisdicción de ese Estado y que aleguen ser víctimas de una violación, por ese Estado Parte, de cualquiera de los derechos enunciados en el Pacto. El Comité no recibirá ninguna comunicación que concierna a un Estado Parte a la Convención que no sea parte en el presente Protocolo.[21]​ Posteriormente, los miembros serán elegidos para un mandato de cuatro años, con la mitad de los miembros elegidos cada dos años. Cuando la Convención ha logrado 80 ratificaciones, la Comisión se ampliará a 18 miembros.

Todos los Estados Partes están obligados a presentar informes periódicos a la Comisión se esbozan las medidas legislativas, judiciales, políticas y demás medidas que hayan adoptado para aplicar los derechos enunciados en la Convención. El primer informe se debe a los dos años de la ratificación de la Convención, entonces se deberán presentar informes cada cuatro años. El Comité examinará cada informe y abordar sus preocupaciones y recomendaciones al Estado Parte en forma de "observaciones finales".

El Comité se reunió en Ginebra, y su primera sesión se llevó a cabo del 23 al 27 de febrero de 2009.[21]​ Posteriormente, el Primer período de sesiones de la Conferencia de los Estados Partes en la Convención sobre los derechos de las personas con discapacidad se celebró en Nueva York el 31 de octubre y el 3 de noviembre de 2008.

Elected members of the Committee on the Rights of Persons with Disabilities

According to the Committee, for the year 2021, its members are:[22]​.

The Committee will meet in Geneva.

Regarding the problem of abortion and disability, according to the Committee on the Rights of Persons with Disabilities, aborting a person due to their disability is a serious form of discrimination and a violation of their right to life, with the language itself (serious fetal malformations) already having a discriminatory burden.[23][24]​.

In 2017, the Committee on the Rights of Persons with Disabilities in a letter to the Human Rights Committee stated that: “Laws that explicitly allow abortion on the basis of malformations violate the Convention on the Rights of Persons with Disabilities (arts. 4, 5 and 8). Even if the condition is considered fatal, the decision is being made on the basis of the disability. Furthermore, it often cannot be determined whether a condition is fatal. Experience shows that Diagnoses of disabling conditions are often false. And even if not false, the diagnosis perpetuates stereotypical notions of disability incompatible with a good life.” The Committee has made recommendations on this matter to countries such as Spain, Austria, Hungary and Great Britain.[25][24]​.

• Argentine portal on disability --.