On the ratification of the Optional Protocol to the Convention on the Rights of Persons with Disabilities

Home / RLA / On the ratification of the Optional Protocol to the Convention on the Rights of Persons with Disabilities

The Law of the Republic of Kazakhstan dated June 7, 2023 No. 8-VIII SAM

To ratify the Optional Protocol to the Convention on the Rights of Persons with Disabilities, signed in New York on December 13, 2006.

President of the Republic of Kazakhstan

K. TOKAEV

OPTIONAL PROTOCOL TO THE CONVENTION ON THE RIGHTS OF PERSONS WITH DISABILITIES

The United Nations

The year 2007

The States Parties to this Protocol have agreed as follows:

Article 1

1. A State Party to this Protocol ("the State Party") recognizes the competence of the Committee on the Rights of Persons with Disabilities ("the Committee") to receive and consider communications from or on behalf of individuals or groups of individuals under its jurisdiction who claim to be victims of violations by that State Party of the provisions of the Convention.

2. A communication shall not be accepted by the Committee if it concerns a State party to the Convention that is not a party to this Protocol.

Article 2

The Committee considers a communication inadmissible when:

a) the message is anonymous;

(b) The communication is an abuse of the right to submit such communications or is incompatible with the provisions of the Convention;

(c) The same matter has already been considered by the Committee or has been or is being considered under another procedure of international investigation or settlement; '

d) Not all available internal remedies have been exhausted. This rule does not apply when the use of protective equipment is unreasonably prolonged or unlikely to have an effective effect.;

e) it is clearly unfounded or insufficiently substantiated, or

(f) The facts that are the subject of the communication occurred prior to the entry into force of this Protocol for the State Party concerned, unless those facts 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 the State party. Within six months, the notified State shall submit to the Committee written explanations or statements clarifying the issue or remedy (if any) that may have been applied by that State.

Article 4

1. At any time between the receipt of a communication and the determination of the merits, the Committee may send to the State party concerned, for urgent consideration, a request for that State party to take such interim measures as may be necessary to avoid causing possible irreparable harm to the victim or victims of the alleged violation.

2. When the Committee exercises its discretion under paragraph 1 of this article, it does not mean that it has decided on the admissibility of the merits of the communication.

Article 5

When considering communications in accordance with this Protocol, the Committee shall hold closed meetings. After examining the communication, the Committee sends its suggestions and recommendations (if any) to the State party concerned and the complainant.

Article 6

1. If the Committee receives reliable information indicating serious or systematic violations by a State party of the rights set forth in the Convention, it shall invite that State party to cooperate in the examination of this information and, to this end, to submit comments on the relevant information.

2. Taking into account any comments that may be submitted by the State party concerned, as well as any other reliable information available to it, the Committee may instruct one or more of its members to conduct an investigation and submit an urgent report to the Committee. Where justified, and with the consent of the State party, the investigation may include a visit to its territory.

3. After examining the results of such an investigation, the Committee shall transmit these results to the State party concerned, together with any comments and recommendations.

4. The State party shall submit its observations to the Committee within six months of receiving the results, comments and recommendations transmitted by the Committee.

5. Such an investigation is conducted in confidence and the State party is expected to be contacted for cooperation at all stages of the process.

Article 7

1. The Committee may invite the State Party concerned to include in its report provided for in article 35 of the Convention information on any measures taken in response to an investigation conducted pursuant to article 6 of the present Protocol.

2. If necessary, the Committee may, after the expiration of the six-month period referred to in article 6, paragraph 4, invite the State party concerned to inform it of the measures taken in response to such an investigation.

Article 8

Each State Party may, at the time of signing, ratifying or acceding to this Protocol, 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 this Protocol.

Article 10

This Protocol has been open for signature by signatory States and regional integration organizations at United Nations Headquarters in New York since March 30, 2007.

Article 11

This Protocol is subject to ratification by signatory States that have ratified or acceded to the Convention. It is subject to official confirmation by the signatory regional integration organizations that have officially confirmed or acceded to the Convention. It is open for accession by any State or regional integration organization that has ratified, officially confirmed or acceded to the Convention and which has not signed this Protocol.

Article 12

1. "Regional integration organization" means an organization established by the sovereign States of a particular region to which its member States have transferred competence in matters governed by the Convention and this Protocol. Such organizations shall indicate in their documents of formal confirmation or accession the extent of their competence with respect to matters governed by the Convention and this Protocol. Subsequently, they shall inform the depositary of any significant changes in the scope of their competence.

2. References in this Protocol to "States Parties" refer to such organizations within their competence.

3. For the purposes of paragraph 1 of Article 13 and paragraph 2 of Article 15 of this Protocol, no document deposited by a regional integration organization shall be counted.

4. In matters within their competence, regional integration organizations may exercise their right to vote at a meeting of the States Parties with a number of votes equal to the number of their Member States that are Parties to this 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, this Protocol shall enter 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, formally confirming or acceding to this Protocol after the deposit of the tenth such instrument, the Protocol shall enter into force on the thirtieth day following the deposit of their respective instrument.

Article 14

1. Reservations incompatible with the object and purpose of this Protocol shall not be permitted.

2. Reservations can be withdrawn at any time.

Article 15

1. Any State Party may propose an amendment to this Protocol and submit it to the Secretary-General of the United Nations. The Secretary-General shall communicate any proposed amendments to the States Parties, requesting to be notified whether they favour holding a meeting of the States Parties to consider and take decisions on these proposals. If, within four months from the date of such communication, at least one third of the States Parties favour holding such a meeting, the Secretary-General shall convene the meeting under the auspices of the United Nations. Any amendment approved by a two-thirds majority of the States Parties present and voting shall be forwarded by the Secretary-General to the General Assembly of the United Nations for approval and thereafter to all States Parties for acceptance.

2. An amendment approved and approved in accordance with paragraph 1 of this article shall enter into force on the thirtieth day after the number of instruments of acceptance deposited reaches two thirds of the number of States Parties on the date of approval of the amendment. Thereafter, the amendment shall enter into force for any State Party on the thirtieth day after it deposits its instrument of acceptance. The amendment is binding only on those States Parties that have accepted it.

Article 16

A State Party may denounce this Protocol by written notification to the Secretary-General of the United Nations. The denunciation shall take effect one year after the date of receipt by the Secretary-General of such notification.

Article 17

It should be ensured that the text of this Protocol is available in accessible formats.

Article 18

The texts of this Protocol in Arabic, Chinese, English, French, Russian and Spanish are equally authentic.

IN WITNESS WHEREOF, the undersigned plenipotentiaries, being duly authorized thereto by their respective Governments, have signed this Protocol.

I hereby confirm that the above text is an original copy of the Optional Protocol to the Convention on the Rights of Persons with Disabilities, adopted by the United Nations General Assembly on December 13, 2006, the original of which is deposited with the Secretary-General of the United Nations.

For the Secretary General,

Legal Advisor

(Deputy Secretary General

on legal issues)

Nicolas Michel

(signature)

United Nations, New York, February 8, 2007

President

Republic of Kazakhstan

Constitution Law Code Standard Decree Order Decision Resolution Lawyer Almaty Lawyer Legal service Legal advice Civil Criminal Administrative cases Disputes Defense Arbitration Law Company Kazakhstan Law Firm Court Cases