Promoting the Rights of Children with Disabilities, UNICEF

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Article 45Entry into force1. The present Convention shall enter into force onthe thirtieth day after the deposit of the twentiethinstrument of ratification or accession.2. For each State or regional integration organizationratifying, formally confirming or acceding to theConvention after the deposit of the twentieth suchinstrument, the Convention shall enter into force onthe thirtieth day after the deposit of its own suchinstrument.Article 46Reservations1. Reservations incompatible with the object andpurpose of the present Convention shall not bepermitted.2. Reservations may be withdrawn at any time.Article 47Amendments1. Any State party may propose an amendmentto the present Convention and submit it to theSecretary-General of the United Nations. TheSecretary-General shall communicate any proposedamendments to States parties, with a request to benotified whether they favour a conference of Statesparties for the purpose of considering and decidingupon the proposals. In the event that, within fourmonths from the date of such communication, atleast one third of the States parties favour such aconference, the Secretary-General shall convene theconference under the auspices of the United Nations.Any amendment adopted by a majority of two thirdsof the States parties present and voting shall besubmitted by the Secretary-General to the GeneralAssembly for approval and thereafter to all Statesparties for acceptance.enter into force for all States parties on the thirtiethday after the number of instruments of acceptancedeposited reaches two thirds of the number of Statesparties at the date of adoption of the amendment.Article 48DenunciationA State party may denounce the present Conventionby written notification to the Secretary-General ofthe United Nations. The denunciation shall becomeeffective one year after the date of receipt of thenotification by the Secretary-General.Article 49Accessible formatThe text of the present Convention shall be madeavailable in accessible formats.Article 50Authentic textsThe Arabic, Chinese, English, French, Russian andSpanish texts of the present Convention shall beequally authentic.In witness thereof the undersigned plenipotentiaries,being duly authorized thereto by their respectiveGovernments, have signed the present Convention.2. An amendment adopted and approved inaccordance with paragraph 1 of this article shallenter into force on the thirtieth day after the numberof instruments of acceptance deposited reachestwo thirds of the number of States parties at thedate of adoption of the amendment. Thereafter, theamendment shall enter into force for any State partyon the thirtieth day following the deposit of its owninstrument of acceptance. An amendment shall bebinding only on those States parties which haveaccepted it.3. If so decided by the Conference of States partiesby consensus, an amendment adopted and approvedin accordance with paragraph 1 of this article whichrelates exclusively to articles 34, 38, 39 and 40 shall65 Promoting the Rights of Children with Disabilities Innocenti Digest No. 13
Optional Protocol to the Convention onthe Rights of Persons with DisabilitiesThe States parties to the present Protocol haveagreed as follows:Article 11. A State party to the present Protocol (’State party’)recognizes the competence of the Committee on theRights of Persons with Disabilities (’the Committee’)to receive and consider communications from oron behalf of individuals or groups of individualssubject to its jurisdiction who claim to be victims ofa violation by that State party of the provisions of theConvention.2. No communication shall be received by theCommittee if it concerns a State party to theConvention that is not a party to the present Protocol.Article 2The Committee shall consider a communicationinadmissible when:(a) The communication is anonymous;(b) The communication constitutes an abuse of theright of submission of such communications or isincompatible with the provisions of the Convention;(c) The same matter has already been examined bythe Committee or has been or is being examinedunder another procedure of international investigationor settlement;(d) All available domestic remedies have notbeen exhausted. This shall not be the rule wherethe application of the remedies is unreasonablyprolonged or unlikely to bring effective relief;(e) It is manifestly ill-founded or not sufficientlysubstantiated; or when(f) The facts that are the subject of thecommunication occurred prior to the entry into forceof the present Protocol for the State party concernedunless those facts continued after that date.Article 3Subject to the provisions of article 2 of thepresent Protocol, the Committee shall bring anycommunications submitted to it confidentially to theattention of the State party. Within six months, thereceiving State shall submit to the Committee writtenexplanations or statements clarifying the matter andthe remedy, if any, that may have been taken by thatState.Article 41. At any time after the receipt of a communicationand before a determination on the merits has beenreached, the Committee may transmit to the Stateparty concerned for its urgent consideration a requestthat the State party take such interim measuresas may be necessary to avoid possible irreparabledamage to the victim or victims of the allegedviolation.2. Where the Committee exercises its discretionunder paragraph 1 of this article, this does not imply adetermination on admissibility or on the merits of thecommunication.Article 5The Committee shall hold closed meetings whenexamining communications under the presentProtocol. After examining a communication,the Committee shall forward its suggestionsand recommendations, if any, to the State partyconcerned and to the petitioner.Article 61. If the Committee receives reliable informationindicating grave or systematic violations by a Stateparty of rights set forth in the Convention, theCommittee shall invite that State party to cooperatein the examination of the information and to this endsubmit observations with regard to the informationconcerned.2. Taking into account any observations that mayhave been submitted by the State party concernedas well as any other reliable information available toit, the Committee may designate one or more of itsmembers to conduct an inquiry and to report urgentlyto the Committee. Where warranted and with theconsent of the State party, the inquiry may include avisit to its territory.3. After examining the findings of such an inquiry, theCommittee shall transmit these findings to the Stateparty concerned together with any comments andrecommendations.4. The State party concerned shall, within sixmonths of receiving the findings, comments andrecommendations transmitted by the Committee,submit its observations to the Committee.5. Such an inquiry shall be conducted confidentiallyand the cooperation of the State party shall be soughtat all stages of the proceedings.Innocenti Digest No. 13Promoting the Rights of Children with Disabilities66
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CONTENTSExecutive Summary . . . . .
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of all legislation in order to ensu
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While there are grounds for optimis
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© UNICEF/HQ95-0451/David BarbourBo
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The minimum benchmark was found par
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© UUNICEF/HQ06-1260/Azhar Mahmoodp
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Box 4.1 Human rights instruments an
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Box 4.2 Work of the UN Special Rapp
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Monitoring implementation of the Co
Page 23 and 24: 5 HUMAN RIGHTS OFCHILDREN WITHDISAB
Page 25 and 26: cases of physicians in both income-
Page 27 and 28: environments. Even in a well-staffe
Page 29 and 30: Box 5.2 Landmines cause disability
Page 31 and 32: 6 FOUNDATIONS FORINCLUSIONThe impor
Page 33 and 34: Los Pipitos is an active parents’
Page 35 and 36: and knowledge. 87 Conversely, where
Page 37 and 38: particular attention to school-base
Page 39 and 40: Both where there is an absence of f
Page 41 and 42: 7 ENSURING ASUPPORTIVEENVIRONMENTCr
Page 43 and 44: Box 7.2 Raising disability awarenes
Page 45 and 46: © UNICEF/HQ98-0860/Roger LeMoyneCh
Page 47 and 48: 8 CONCLUSIONSThe inclusion of child
Page 49 and 50: 21 Blomgren, Lars, ’UN Standard R
Page 51 and 52: 78 Shared Care Network, , accessed1
Page 53 and 54: LINKS 1UNITED NATIONS SYSTEMOffice
Page 55 and 56: Amnesty InternationalWebsite: www.a
Page 57 and 58: Healthlink WorldwideCityside, 40 Ad
Page 59 and 60: ADDITIONAL RESOURCESChild Rights In
Page 61 and 62: (p) Concerned about the difficult c
Page 63 and 64: egulation or custom on the pretext
Page 65 and 66: indirect participants, including as
Page 67 and 68: (a) The right of all persons with d
Page 69 and 70: (b) Protect the rights of persons w
Page 71 and 72: (a) Ensuring that international coo
Page 73: Article 38Relationship of the Commi
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