On the ratification of the Convention on the Rights of Persons with Disabilities

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The Law of the Republic of Kazakhstan dated February 20, 2015 No. 288-V SAM.

 To ratify the Convention on the Rights of Persons with Disabilities, adopted by the United Nations General Assembly in New York on December 13, 2006

President

Republic of Kazakhstan

N. NAZARBAYEV

CONVENTION ON THE RIGHTS OF PERSONS WITH DISABILITIES United Nations 2007 The CONVENTION ON THE RIGHTS OF PERSONS WITH DISABILITIES Entered into force on May 21, 2015 - Bulletin of International Treaties of the Republic of Kazakhstan 2015, No. 5, Article 43 Preamble

The States Parties to this Convention,

 (a) Recalling the principles proclaimed in the Charter of the United Nations, which recognize the inherent dignity and worth of all members of the human family and their equal and inalienable rights as the foundation of freedom, justice and universal peace,

 (b) Recognizing that the United Nations has proclaimed and enshrined in the Universal Declaration of Human Rights and the International Covenants on Human Rights that everyone has all the rights and freedoms set forth therein, without distinction of any kind,

 (c) Reaffirming the universality, indivisibility, interdependence and interrelatedness of all human rights and fundamental freedoms, as well as the need to guarantee persons with disabilities 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, the Convention on the Elimination of All Forms of Discrimination against Women, the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, the Convention on the Rights of the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families,

 (e) Recognizing that disability is an evolving concept and that disability is the result of interactions that occur between people with disabilities and relational and environmental barriers that hinder their full and effective participation in society on an equal basis with others,

 (f) Recognizing the importance that the principles and guidelines contained in the World Programme of Action concerning Disabled Persons and the Standard Rules on the Equalization of Opportunities for Persons with Disabilities have in influencing the promotion, formulation and evaluation of strategies, plans, programmes and activities at the national, regional and international levels to further ensure equal opportunities for persons with disabilities,

 (g) Emphasizing the importance of mainstreaming disability issues as an integral part of relevant sustainable development strategies,

 (h) Recognizing also that discrimination against any person on the basis of disability constitutes 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 in need of increased support,

 (k) Concerned that, despite these various documents and initiatives, persons with disabilities continue to face barriers to their participation in society as equal members and violations of their human rights in all parts of the world,

 (l) Recognizing the importance of international cooperation to improve the living conditions of persons with disabilities in every country, especially in developing countries,

 (m) Recognizing the valuable current and potential contribution of persons with disabilities to the overall well-being and diversity of their local communities, and the fact that promoting the full enjoyment by persons with disabilities of their human rights and fundamental freedoms, as well as the full participation of persons with disabilities, will enhance their sense of belonging and make significant strides in the human, social and economic development of society and the eradication of poverty,

 (n) Recognizing that persons with disabilities value their personal autonomy and independence, including the freedom to make their own choices,

 o) Considering that persons with disabilities should be able to be actively involved in decision-making processes regarding strategies and programs, including those that directly concern them,

 (p) Concerned about the difficult conditions faced by persons with disabilities who are subject to multiple or aggravated forms of discrimination based on race, skin color, sex, language, religion, political or other beliefs, national, ethnic, aboriginal or social origin, property status, birth, age or other circumstances,

 (q) Recognizing that women with disabilities and girls with disabilities, both at home and outside, are often at greater risk of violence, injury or abuse, neglect or neglect, mistreatment or exploitation,

 (r) Recognizing that children with disabilities should fully enjoy all human rights and fundamental freedoms on an equal basis with other children, and recalling in this regard the obligations undertaken by States parties to the Convention on the Rights of the Child,

 (s) Emphasizing the need to integrate a gender perspective in all efforts to promote the full enjoyment of human rights and fundamental freedoms by persons with disabilities,

 (t) Emphasizing that the majority of persons with disabilities live in poverty, and recognizing in this regard the urgent need to address the negative impact of poverty on persons with disabilities,

 (u) Bearing in mind that an environment of peace and security based on full respect for the purposes and principles set out in the Charter of the United Nations and respect for applicable human rights instruments is indispensable for the full protection of persons with disabilities, in particular during armed conflict and foreign occupation,

 (v) Recognizing the importance of accessibility to the physical, social, economic and cultural environment, health and education, as well as information and communication, as it enables persons with disabilities to fully enjoy all human rights and fundamental freedoms,

 (w) Bearing in mind that each individual, having responsibilities towards other people and the collective to which he belongs, must strive to promote and respect the rights recognized in the International Bill of Human Rights,

 x) Convinced that the family is the natural and basic unit of society and has the right to protection from society and the State, and that persons with disabilities and their family members should receive the necessary protection and assistance to enable families to contribute to the full and equal enjoyment of the rights of persons with disabilities,

(y) Convinced that a comprehensive and unified international convention for the promotion and protection of the rights and dignity of persons with disabilities will make an important contribution to overcoming the deeply disadvantaged social situation of persons with disabilities and to increasing their participation in civil, political, economic, social and cultural life, with equal opportunities, in both developed and developing countries,

have agreed on the following:

Article 1 Purpose

The purpose of this Convention is to promote, protect and ensure the full and equal enjoyment by all persons with disabilities of all human rights and fundamental freedoms, as well as to promote respect for their inherent dignity.

Persons with disabilities include those with persistent physical, mental, intellectual or sensory impairments that, when interacting with various barriers, may hinder their full and effective participation in society on an equal basis with others.

Article 2 Definitions

For the purposes of this Convention:

"communication" includes the use of languages, texts, Braille, tactile communication, large print, accessible multimedia, as well as printed materials, audio media, ordinary language, readers, as well as reinforcing and alternative methods, methods and formats of communication, including accessible information and communication technology;

"language" includes spoken and sign languages and other forms of non-verbal languages;

"discrimination on the basis of disability" means any distinction, exclusion or restriction based on disability, the purpose or result of which is to diminish or deny recognition, realization or enjoyment on an equal basis with others of all 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 making necessary and appropriate modifications and adjustments, when necessary in a particular case, without becoming a disproportionate or unjustified burden, in order to ensure that persons with disabilities enjoy or exercise all human rights and fundamental freedoms on an equal basis with others.;

"universal design" means the design of objects, environments, programs and services designed to make them as usable as possible for all people without the need for adaptation or special design. The "universal design" does not exclude assistive devices for specific groups of people with disabilities, where necessary.

Article 3 General principles

The principles of this Convention are:

(a) Respect for human dignity, personal autonomy, including the freedom to make one's own choices, and independence;

(b) Non-discrimination;

(d) Respect for the characteristics of persons with disabilities and their acceptance as a component of human diversity and part of humanity;

(e) Equality of opportunity;

f) Accessibility;

(g) Equality of men and women;

(h) Respect for the developing abilities of children with disabilities and respect for the right of children with disabilities to preserve their individuality.

Article 4 General obligations

1. The Participating States undertake to ensure and promote the full realization of all human rights and fundamental freedoms by all persons with disabilities without discrimination of any kind on the basis of disability. To this end, the Participating States undertake:

(a) Take all appropriate legislative, administrative and other measures to implement the rights recognized in this Convention;

(b) Take all appropriate measures, including legislation, to amend or repeal existing laws, regulations, customs and practices that discriminate against persons with disabilities;

(c) Integrate the protection and promotion of the human rights of persons with disabilities into all policies and programmes;

(d) To refrain from any actions or methods that are inconsistent with this Convention and to ensure that public authorities and institutions act in accordance with this Convention;

(e) Take all appropriate measures to eliminate discrimination on the basis of disability by any person, organization or private enterprise;

 (f) To conduct or encourage the research and development of goods, services, equipment and objects of universal design (as defined in article 2 of this Convention), whose adaptation to the specific needs of a disabled person would require the least possible adaptation and minimum costs, to promote their availability and use, and to promote the idea of universal design in the development of standards and guidelines landmarks;

(g) To conduct or encourage research and development, as well as to promote the availability and use of new technologies, including information and communication technologies, mobility aids, devices and assistive technologies suitable for persons with disabilities, with a focus on low-cost technologies;

(h) Provide persons with disabilities with accessible information on mobility aids, devices and assistive technologies, including new technologies, as well as other forms of assistance, support services and facilities;

(i) To encourage the teaching of the rights recognized in this Convention to professionals and staff working with persons with disabilities in order to improve the provision of assistance and services guaranteed by these rights.

2. With regard to economic, social and cultural rights, each State Party undertakes to take measures, making the maximum use of its available resources and, if necessary, resorting to international cooperation, to progressively achieve the full realization of these rights, without prejudice to those obligations set out in this Convention that are directly applicable in accordance with international law. the right one.

3. In developing and applying legislation and strategies aimed at implementing this Convention and in other decision-making processes on issues related to persons with disabilities, States Parties shall consult closely with persons with disabilities, including children with disabilities, and actively involve them through their representative organizations.

4. Nothing in this Convention affects any provisions that are more conducive to the realization of the rights of persons with disabilities and may be contained in the laws of a State Party or the norms of international law in force in that State. No restriction or diminution of any human rights and fundamental freedoms recognized or existing in any State Party to this Convention by virtue of law, conventions, rules or customs is permitted under the pretext that this Convention does not recognize such rights or freedoms or that it recognizes them in accordance with in a smaller volume.

5. The provisions of this Convention shall apply to all parts of federal States without any restrictions or exceptions.

Article 5 Equality and non-discrimination

1. The Participating States recognize that all persons are equal before and under the law and have the right to equal protection and enjoyment of the law without discrimination.

2. The Participating States prohibit any discrimination on the basis of disability and guarantee persons with disabilities equal and effective legal protection against discrimination on any ground.

3. In order to promote equality and eliminate discrimination, Participating States shall take all appropriate steps to ensure reasonable accommodation.

Specific measures necessary to accelerate or achieve de facto equality for persons with disabilities shall not be considered discrimination within the meaning of this Convention.

Article 6 Women with disabilities

States Parties recognize that women with disabilities and girls with disabilities are subject to multiple discrimination and, in this regard, take measures to ensure their full and equal enjoyment of all human rights and fundamental freedoms.

States Parties shall take all appropriate measures to ensure the full development, advancement and empowerment of women in order to guarantee them the exercise and enjoyment of the human rights and fundamental freedoms set forth in this Convention.

Article 7 Children with disabilities

1. States Parties shall take all necessary measures to ensure that children with disabilities fully enjoy all human rights and fundamental freedoms on an equal basis with other children.

2. In all actions with regard to children with disabilities, the highest interests of the child are given priority.

3. States Parties shall ensure that children with disabilities have the right to freely express their views on all matters affecting them, which receive due weight appropriate to their age and maturity, on an equal basis with other children, and to receive disability-appropriate and age-appropriate assistance in the realization of this right.

Article 8 Educational work

1. The Participating States undertake to take urgent, effective and appropriate measures to:

(a) To raise awareness of disability issues throughout society, including at the family level, and to strengthen respect for the rights and dignity of persons with disabilities;

(b) To combat stereotypes, prejudices and harmful practices against persons with disabilities, including on the basis of gender and age, in all spheres of life;

2. The measures taken for this purpose include:

(a) Launching and conducting effective public education campaigns aimed at:

(i) Foster sensitivity to the rights of persons with disabilities;

(ii) To promote positive perceptions of persons with disabilities and a better understanding of them by society;

(iii) Promote recognition of the skills, strengths and abilities of persons with disabilities, as well as their contributions to the workplace and the labour market;

(b) Fostering respect for the rights of persons with disabilities at all levels of the education system, including among all children from an early age;

(c) Encouraging all media outlets to portray persons with disabilities in a manner consistent with the purpose of this Convention;

(d) Promotion of educational and awareness-raising programmes on persons with disabilities and their rights.

Article 9 Accessibility

1. In order to enable persons with disabilities to lead an independent lifestyle and participate fully in all aspects of life, States Parties shall take appropriate measures to ensure that persons with disabilities have access, on an equal basis with others, to their physical environment, to transport, to information and communications, including information and communication technologies and systems, as well as to other facilities and services that are open or provided for the population, both in urban and rural areas. These measures, which include the identification and removal of obstacles and barriers to accessibility, should include::

a) buildings, roads, transport and other internal and external facilities, including schools, residential buildings, medical facilities and workplaces;

b) information, communication and other services, including electronic services and emergency services.

2. The Participating States shall also take appropriate measures to:

(a) Develop minimum standards and guidelines for the accessibility of facilities and services that are open or provided to the public, put them into effect and monitor their compliance;

(b) Ensure that private enterprises that offer facilities and services that are open or accessible to the public take into account all aspects of accessibility for persons with disabilities;

(d) Equip buildings and other facilities open to the public with signs in Braille and in an easy-to-read and understandable form.;

f) provide various types of assistance and intermediary services, including guides, readers and professional sign language interpreters, to facilitate accessibility of buildings and other facilities open to the public;

(f) Develop other appropriate forms of assistance and support for persons with disabilities, ensuring their access to information;

(g) Promote access of persons with disabilities to new information and communication technologies and systems, including the Internet;

(h) Encourage the design, development, production and distribution of inherently accessible information and communication technologies and systems so that accessibility of these technologies and systems is achieved at minimal cost.

Article 10 The right to life

The participating States reaffirm the inalienable right of everyone to life and take all necessary measures to ensure its effective enjoyment by persons with disabilities on an equal basis with others.

Article 11 Risk situations and humanitarian emergencies

States Parties shall take all necessary measures, in accordance with their obligations under international law, including international humanitarian and human rights law, to ensure the protection and safety of persons with disabilities in situations of risk, including armed conflict, humanitarian emergencies and natural disasters.

Article 12 Equality before the law

1. The participating States affirm that every person with disabilities, wherever they are, has the right to equal legal protection.

2. The Participating States recognize that persons with disabilities have legal capacity on an equal basis with others in all aspects of life.

3. States Parties shall take appropriate measures to provide persons with disabilities with access to the support they may require in exercising their legal capacity.

4. States Parties shall ensure that all measures related to the exercise of legal capacity include appropriate and effective safeguards to prevent abuse in accordance with international human rights law. Such guarantees should ensure that measures related to the exercise of legal capacity are guided by respect for the rights, will and preferences of a person, are free from conflicts of interest and undue influence, are proportionate to and tailored to the circumstances of that person, are applied for as short a time as possible and are regularly reviewed by a competent, independent and impartial body or judicial the instance. These guarantees should be proportionate to the extent to which such measures affect the rights and interests of the individual concerned.

5. Subject to the provisions of this article, States Parties shall take all appropriate and effective measures to ensure the equal rights of persons with disabilities to own and inherit property, to manage their own financial affairs, as well as to have equal access to bank loans, mortgages and other forms of financial credit, and to ensure that persons with disabilities are not arbitrarily deprived of their property.

Article 13 Access to justice

1. States Parties shall ensure effective access to justice for persons with disabilities on an equal basis with others, including by providing for procedural and age-appropriate adjustments to facilitate their effective role as direct and indirect participants, including witnesses, at all stages of the legal process, including the investigation stage and other stages of pre-trial proceedings.

2. In order to help ensure effective access to justice for persons with disabilities, Participating States shall promote appropriate training for persons working in the field of the administration of justice, including in the police and penitentiary system.

Article 14 Freedom and personal inviolability

1. States Parties shall ensure that persons with disabilities, on an equal basis with others:

(a) Enjoyed the right to liberty and security of person;

(b) That they are not unlawfully or arbitrarily deprived of their liberty, and that any deprivation of liberty is in accordance with the law, and that the presence of a disability does not in any case become grounds for deprivation of liberty.

2. States Parties shall ensure that, if persons with disabilities are deprived of their liberty by any procedure, they are entitled, on an equal basis with others, to guarantees consistent with international human rights law and that their treatment is consistent with the purposes and principles of this Convention, including ensuring reasonable accommodation.

Article 15 Freedom from torture and cruel, inhuman or degrading treatment or punishment

1. No one should be subjected to torture or to cruel, inhuman or degrading treatment or punishment. In particular, no person should be subjected to medical or scientific experiments without his free consent.

2. States Parties shall take all effective legislative, administrative, judicial or other measures to ensure that persons with disabilities, on an equal basis with others, are not 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 from all forms of exploitation, violence and abuse, including those related to gender.

2. States Parties shall also take all appropriate measures to prevent all forms of exploitation, violence and abuse, ensuring, in particular, appropriate forms of age- and gender-sensitive care and support for persons with disabilities, their families and caregivers, including through awareness-raising and education on how to avoid manifestations of exploitation, violence and abuse, identify them and report them. States Parties shall ensure that protection services are provided taking into account age, gender and disability factors.

3. In an effort to prevent all forms of exploitation, violence and abuse, States Parties shall ensure that all institutions and programmes designed to serve persons with disabilities are effectively monitored by independent bodies.

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 are victims of any form of exploitation, violence or abuse, including through the provision of protection services. Such recovery and reintegration takes place in an environment conducive to the promotion of the health, well-being, self-esteem, dignity and independence of the person concerned, and is carried out taking into account the needs of age and gender.

5. States Parties shall adopt effective legislation and strategies, including those targeting women and children, to ensure that cases of exploitation, violence and abuse against persons with disabilities are identified, investigated and, where appropriate, prosecuted.

Article 17 Protection of personal integrity

Every disabled person has the right to respect for his physical and mental integrity on an equal basis with others.

Article 18 Freedom of movement and nationality

1. States Parties recognize the rights of persons with disabilities to freedom of movement, to freedom to choose their place of residence and to citizenship on an equal basis with others, including by ensuring that persons with disabilities:

(a) Had the right to acquire and change their nationality and were not deprived of their nationality arbitrarily or because of disability;

(b) Have not been deprived, by reason of disability, of the opportunity to obtain, possess and use documents confirming their nationality or other identity documents, or to use appropriate procedures, such as immigration procedures, which may be necessary to facilitate the exercise of the right to freedom of movement;

(d) Have not been arbitrarily or invalidly deprived of the right to enter their own country.

2. Children with disabilities are registered immediately after birth and from the moment of birth have the right to a name and to acquire citizenship, as well as, to the greatest extent possible, the right to know their parents and the right to their care.

Article 19 Independent lifestyle and involvement in the local community

The States Parties to this Convention recognize the equal right of all persons with disabilities to live in ordinary places of residence, with choices equal to others, and shall take effective and appropriate measures to promote the full realization of this right by persons with disabilities and their full inclusion and involvement in the local community, including by ensuring that:

a) Persons with disabilities had the opportunity to choose their place of residence and where and with whom to live on an equal basis with other people, and were not required to live in any particular housing conditions;

(b) Persons with disabilities have access to various types of community-based home, community-based and other support services, including personal assistance necessary to support life in and inclusion in the local community, as well as to avoid isolation or segregation from the local community;

(c) Services and facilities for collective use intended for the general population are equally accessible to persons with disabilities and meet their needs.

Article 20 Individual mobility

States Parties shall take effective measures to ensure the individual mobility of persons with disabilities with the greatest possible degree of independence, including by:

(a) To promote the individual mobility of persons with disabilities in a manner of their choosing, at a time of their choosing and at an affordable price;

(b) Facilitating access by persons with disabilities to quality mobility aids, devices, assistive technologies and services of assistants and intermediaries, including through their provision at an affordable price;

(d) Encouraging enterprises that manufacture mobility aids, devices and assistive technologies to take into account all aspects of the mobility of persons with disabilities.

Article 21 Freedom of expression and beliefs and access to information

 States Parties shall take all appropriate measures to ensure that persons with disabilities can enjoy the right to freedom of expression and belief, including the freedom to seek, receive and impart information and ideas on an equal basis with others, using all forms of communication defined in article 2 of these Conventions, including:

(a) Providing persons with disabilities with information intended for the general public, in accessible formats and using technologies that take into account different forms of disability, in a timely manner and at no additional cost;

(b) Acceptance and promotion of the use in official relations: sign languages, Braille, reinforcing and alternative ways of communication, and all other available ways, methods, and formats of communication chosen by persons with disabilities;

(c) Actively encouraging private enterprises providing services to the general public, including via the Internet, to provide information and services in accessible and accessible formats for persons with disabilities;

(d) Encouraging the media, including those providing information via the Internet, to make their services accessible to persons with disabilities;

f) recognition and encouragement of the use of sign languages.

Article 22 Inviolability of private life

1. Regardless of their place of residence or living conditions, no disabled person should be subjected to arbitrary or unlawful attacks on their privacy, family, home, correspondence or other types of communication, or unlawful attacks on their honor and reputation. Persons with disabilities have the right to be protected by law from such attacks or attacks.

2. The Participating States shall protect the confidentiality of information about the identity, health status and rehabilitation of persons with disabilities on an equal basis with others.

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, fatherhood, motherhood and personal relationships, on an equal basis with others, while striving to ensure that:

(a) The right of all persons with disabilities who have reached the age of marriage to marry and start a family based on the free and full consent of the married persons was recognized;

(b) The rights of persons with disabilities to freely and responsibly decide on the number of children and the intervals between their births, and to have access to age-appropriate information and education on reproductive behavior and family planning, as well as the means to enable them to exercise these rights;;

2. States Parties shall ensure the rights and obligations of persons with disabilities in relation to guardianship, guardianship, custody, adoption of children or similar institutions, where these concepts are present in national legislation; in all cases, the best interests of the child are paramount. States Parties shall provide appropriate assistance to persons with disabilities in fulfilling their child-rearing responsibilities.

3. States Parties shall ensure that children with disabilities have equal rights with regard to family life. In order to realize these rights and prevent the concealment, abandonment, neglect and segregation of children with disabilities, Participating States undertake to provide children with disabilities and their families with comprehensive information, services and support from the very beginning.

4. States Parties shall ensure that a child is not separated from his or her parents against their will, except in cases where competent authorities supervised by a court determine, in accordance with applicable laws and procedures, that such separation is necessary in the best interests of the child. Under no circumstances can a child be separated from his parents because of the disability of either the child himself or one or both parents.

5. The Participating States undertake, in cases where the next of kin is unable to provide care for a disabled child, to make every effort to provide alternative care by involving more distant relatives, and in the absence of such an opportunity - by creating family conditions for the child to live in the local community.

Article 24 Education

1. The participating States recognize the right of persons with disabilities to education. In order to realize this right without discrimination and on the basis of equal opportunities, Participating States shall ensure inclusive education at all levels and lifelong learning, while striving to:

(a) Towards the full development of human potential, as well as a sense of dignity and self-respect, and to enhance respect for human rights, fundamental freedoms and human diversity;

(b) To develop the personality, talents and creativity of persons with disabilities, as well as their mental and physical abilities to the fullest extent;

2. In exercising this right, the Participating States shall ensure that:

(a) Persons with disabilities were not excluded from the general education system on the basis of disability, and children with disabilities were not excluded from free and compulsory primary or secondary education;

(b) Persons with disabilities have equal access to inclusive, high-quality and free primary and secondary education in their places of residence;

(d) Persons with disabilities receive the necessary support within the general education system to facilitate their effective learning;

e) in an environment that is maximally conducive to knowledge acquisition and social development, effective measures are taken to organize individualized support in accordance with the goal of full inclusion.

3. Participating States shall empower persons with disabilities to learn life and socialization skills in order to facilitate their full and equal participation in the educational process and as members of the local community. The Participating States shall take appropriate measures in this regard, including:

a) promote the development of Braille, alternative fonts, reinforcement and alternative communication methods, methods and formats, as well as orientation and mobility skills, and promote peer support and mentoring;

(b) Promote the acquisition of sign language and the promotion of the linguistic identity of the deaf;

(c) Ensure that education for persons, in particular children who are blind, deaf or deafblind, is carried out using the languages and communication methods most appropriate for the individual and in an environment that maximizes learning and social development.

4. To help ensure the realization of this right, States Parties shall take appropriate measures to recruit teachers, including teachers with disabilities, who are proficient in sign language and/or Braille, and to train professionals and staff working at all levels of the educational system. Such training includes disability education and the use of appropriate reinforcing and alternative communication methods, methods and formats, teaching methods and materials to support people with disabilities.

5. States Parties shall ensure that persons with disabilities can have access to general higher 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 for persons with disabilities.

Article 25 Health

States Parties recognize that persons with disabilities have the right to the enjoyment of the highest attainable standard of health without discrimination on the basis of disability. States Parties shall take all appropriate measures to ensure that persons with disabilities have access to gender-sensitive health services, including rehabilitation for health reasons. In particular, the Participating States:

(a) Provide persons with disabilities with the same range, quality and level of free or low-cost health services and programmes as other persons, including in the field of sexual and reproductive health and through public health programmes offered to the public;

(b) Provide those health services that are necessary for persons with disabilities directly because of their disability, including early diagnosis, and, where appropriate, correction and services designed to minimize and prevent further disability, including among children and the elderly;

(c) Organize these health services as close as possible to the places of direct residence of these people, including in rural areas;

(d) Require health professionals to provide services of the same quality to persons with disabilities as to others, including on the basis of free and informed consent, by, inter alia, raising awareness of the human rights, dignity, independence and needs of persons with disabilities through education and the adoption of ethical standards for public and private healthcare;

(e) Prohibit discrimination against persons with disabilities in the provision of health and life insurance, if permitted by national law, and provide that it is provided on a fair and reasonable basis;

(f) Do not discriminate against the denial of health care or related services or the receipt of food or fluids due to disability.

Article 26 Habilitation and rehabilitation

1. States Parties shall take effective and appropriate measures, including with the support of other persons with disabilities, to enable persons with disabilities to achieve and maintain maximum independence, full physical, mental, social and professional abilities, and full inclusion and involvement in all aspects of life. To this end, Participating States shall organize, strengthen and expand comprehensive habilitation and rehabilitation services and programs, especially in the fields of health, employment, education and social services, so that these services and programs:

a) started to be implemented as early as possible and were based on a multidisciplinary assessment of the individual's needs and strengths;

(b) Promoted involvement and inclusion in the local community and in all aspects of society, were voluntary and accessible to persons with disabilities as close as possible to their places of direct residence, including in rural areas.

2. The Participating States shall encourage the development of initial and subsequent training for specialists and staff working in the field of habilitation and rehabilitation services.

3. Participating States shall promote the availability, knowledge and use of assistive devices and technologies related to habilitation and rehabilitation for persons with disabilities.

Article 27 Labor and employment

1. Participating States recognize the right of persons with disabilities to work on an equal basis with others; it includes the right to be able to earn a living by work that a person with disabilities has freely chosen or consented to, in an environment where the labor market and the working environment are open, inclusive and accessible to persons with disabilities. The Participating States shall ensure and promote the realization of the right to work, including by those persons who acquire disabilities during their work, by taking appropriate measures, including through legislation, aimed, inter alia, at the following:

(a) Prohibition of discrimination on the basis of disability in all matters relating to all forms of employment, including conditions of employment, recruitment and employment, retention of employment, promotion and safe and healthy working conditions;

(b) Protecting the rights of persons with disabilities, on an equal basis with others, to fair and favourable working conditions, including equal opportunities and equal remuneration for work of equal value, safe and healthy working conditions, including protection from harassment, and the satisfaction of complaints;

(c) Ensuring that persons with disabilities can exercise their labour and trade union rights on an equal basis with others;

(d) Enabling persons with disabilities to have effective access to general technical and vocational guidance programmes, employment services, and vocational and continuing education;

(e) Expanding employment opportunities for persons with disabilities and their career advancement in the labour market, as well as assistance in finding, obtaining, retaining and resuming employment;

(f) Expanding opportunities for self-employment, entrepreneurship, the development of cooperatives and the organization of their own businesses;

(g) Employment of persons with disabilities in the public sector;

(h) Encouraging 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) Ensuring that persons with disabilities have a reasonable workplace;

(j) Encouraging persons with disabilities to gain work experience in an open labour market;

(k) Encouraging programmes for vocational and vocational rehabilitation, job retention and return to work for persons with disabilities.

2. States Parties shall ensure that persons with disabilities are not held in slavery or servitude and are protected on an equal basis with others from forced or compulsory 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, and shall take appropriate measures to ensure and promote the realization of this right without discrimination on the basis of disability.

2. States Parties recognize the right of persons with disabilities to social protection and to the enjoyment of this right without discrimination on the basis of disability and shall take appropriate measures to ensure and promote the realization of this right, including measures:

(a) To ensure equal access to clean water for persons with disabilities and to ensure access to adequate and affordable services, devices and other assistance to meet disability-related needs;

(b) To ensure that persons with disabilities, in particular women, girls and older persons with disabilities, have access to social protection and poverty reduction programmes;

(c) To ensure that persons with disabilities and their families living in poverty have access to Government assistance to cover disability-related expenses, including adequate education, counselling, financial assistance and temporary foster care;

(d) To ensure access to public housing programmes for persons with disabilities;

(e) To ensure access to pension benefits and programmes for persons with disabilities.

Article 29 Participation in political and public life

The Participating States shall guarantee to persons with disabilities political rights and the opportunity to enjoy them on an equal basis with others and undertake:

(a) Ensure that persons with disabilities can participate effectively and fully, directly or through freely chosen representatives, in political and public life on an equal basis with others, including the right and opportunity to vote and be elected, in particular 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 participate in secret voting in elections and public referendums without intimidation and to stand as candidates for election, to actually hold office and perform all public functions at all levels of Government, with the assistance of the use of assistive and new technologies, where appropriate;

(iii) To guarantee the free expression of the will of persons with disabilities as voters and, to this end, to satisfy, when necessary, their requests for assistance with voting by a person of their choice;

(b) Actively promote an environment in which persons with disabilities can participate effectively and fully in the management of public affairs without discrimination and on an equal basis with others, and encourage their participation in public affairs, including:

i) participation in non-governmental organizations and associations whose work is related to the State and political life of the country, including in the activities of political parties and their leadership;

(ii) Establishing and joining organizations of persons with disabilities to represent persons with disabilities at the international, national, regional and local levels.

Article 30 Participation in cultural life, leisure and recreation activities and sports

1. States Parties recognize the right of persons with disabilities to participate on an equal basis with others in cultural life and shall take all appropriate measures to ensure that persons with disabilities:

a) had access to cultural works in accessible formats;

b) had access to television programs, films, theater and other cultural events in accessible formats;

(c) Had access to places of cultural events or services such as theaters, museums, cinemas, libraries and tourist services, and had access to monuments and sites of national cultural significance to the greatest extent possible.

2. States Parties shall take appropriate measures to empower persons with disabilities to develop and use their creative, artistic and intellectual potential, not only for their own benefit, but also for the enrichment of society as a whole.

3. States Parties shall take all appropriate steps, in accordance with international law, to ensure that laws protecting intellectual property rights do not become an unjustified or discriminatory barrier to access to cultural works by persons with disabilities.

4. Persons with disabilities have the right, on an equal basis with others, to have their special cultural and linguistic identity recognized and supported, including sign languages and the culture of the deaf.

5. States Parties shall take appropriate measures to enable persons with disabilities to participate on an equal basis with others in leisure and recreation activities and in sports activities.:

(a) To promote and promote the fullest possible participation of persons with disabilities in general-purpose sports activities at all levels;

(b) To ensure that persons with disabilities have the opportunity to organize, develop and participate in sports and leisure activities specifically for persons with disabilities, and to facilitate in this regard that they are provided with appropriate education, training and resources on an equal basis with others;

(d) To ensure that children with disabilities have equal access with other children to participate in games, leisure and recreation activities, and sports activities, including those within the school system;

(e) To ensure that persons with disabilities have access to the services of those involved in leisure, tourism, recreation and sports activities.

Article 31 Statistics and data collection

1. States Parties undertake to collect appropriate information, including statistical and research data, to enable them to develop and implement strategies for the implementation of this Convention. In the process of collecting and storing this information, it is necessary to:

a) comply with legally established safeguards, including data protection legislation, to ensure the confidentiality and privacy of persons with disabilities;

(b) Comply with internationally recognized standards for the protection of human rights and fundamental freedoms, as well as ethical principles in the collection and use of statistical data.

2. The information collected in accordance with this article shall be disaggregated accordingly and used to facilitate an assessment of how States Parties are fulfilling their obligations under this Convention, as well as to identify and remove barriers that persons with disabilities face in the exercise of their rights.

3. The participating States assume responsibility for the dissemination of these statistics and ensure their accessibility to persons with disabilities and others.

Article 32 International cooperation

1. The Participating States recognize the importance of international cooperation and its promotion in support of national efforts to achieve the goals and objectives of this Convention and shall take appropriate and effective measures in this regard, inter—State and, where appropriate, in partnership with relevant international and regional organizations and civil society, in particular organizations of persons with disabilities. Such measures could, in particular, include:

(a) Ensuring that international cooperation, including international development programmes, includes and is accessible to persons with disabilities;

(b) Facilitating and supporting the strengthening of existing capacities, including through the mutual exchange of information, experiences, programmes and best practices;

(d) Providing technical and economic assistance, where appropriate, including by facilitating access to and mutual exchange of affordable and assistive technologies, as well as through technology transfer.

2. The provisions of this article shall not affect the obligations of each State Party to fulfill its obligations under this Convention.

Article 33 National implementation and monitoring

1. The Participating States, in accordance with their organizational structure, shall designate one or more authorities in the Government responsible for matters related to the implementation of this Convention and shall give due consideration to the possibility of establishing or appointing a coordinating mechanism in the Government to facilitate relevant work in various sectors and at various levels.

2. States Parties, in accordance with their legal and administrative arrangements, shall maintain, strengthen, designate or establish a structure, including, where appropriate, one or more independent mechanisms, to promote, protect and monitor the implementation of this Convention. When designating or establishing such a mechanism, Participating States shall take into account the principles relating to the status and functioning of national institutions for the protection and promotion of human rights.

3. Civil society, in particular persons with disabilities and their representative organizations, are fully involved in the monitoring process and participate in it.

Article 34 Committee on the Rights of Persons with Disabilities

1. A Committee on the Rights of Persons with Disabilities (hereinafter referred to as the "Committee") is established, which performs the functions set out below.

2. At the time of entry into force of this Convention, the Committee consists of twelve experts. After sixty more ratifications or accessions to the Convention, the membership of the Committee increases by six people, reaching a maximum of eighteen members.

 3. The members of the Committee shall serve in their personal capacity and shall possess high moral character and recognized competence and experience in the field covered by this Convention. When nominating their candidates, States Parties are invited to take due account of the provision set out in paragraph 3 of article 4 of this Convention.

4. The members of the Committee are elected by the participating States, with attention being paid to equitable geographical distribution, representation of various forms of civilization and major legal systems, balanced gender representation and the participation of experts with disabilities.

5. The members of the Committee shall be elected by secret ballot from a list of candidates nominated by the participating States from among their nationals at meetings of the Conference of the Participating States. At these meetings, at which two thirds of the States Parties constitute a quorum, those candidates who received the largest number of votes and an absolute majority of the votes of the representatives of the States Parties present and voting shall be elected to the Committee.

6. The initial elections shall be held no later than six months after the date of entry into force of this Convention. At least four months before the date of each election, the Secretary-General of the United Nations shall address a letter to the participating States inviting them to submit nominations within two months. The Secretary-General shall then draw up a list in alphabetical order of all the candidates so nominated, indicating the States Parties that nominated them, and transmit it to the States Parties to this Convention.

 7. The members of the Committee are elected for a four-year term. They have the right to be re-elected only once. However, the term of office of six of the members elected at the first election shall expire at the end of a two-year period; immediately after the first election, the names of these six members shall be determined by lot by the chairman of the meeting referred to in paragraph 5 of this article.

8. The election of six additional members of the Committee is timed to coincide with the regular elections regulated by the relevant provisions of this article.

9. If a member of the Committee dies or resigns or declares that he or she is no longer able to perform his or her duties for any other reason, the State Party that nominated that member shall appoint another expert with the qualifications and requirements provided for in the relevant provisions of this article for the remainder of his or her term of office.

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 its functions by the Committee in accordance with this Convention and shall convene its first meeting.

12. The members of the Committee established under this Convention shall receive remuneration from United Nations funds, approved by the General Assembly of the United Nations, in accordance with the procedure and conditions established by the Assembly, taking into account the importance of the Committee's responsibilities.

13. Members of the Committee are entitled to the facilities, privileges and immunities of experts on mission for the United Nations, as set out in the relevant sections of the Convention on the Privileges and Immunities of the United Nations.

Article 35 Reports of States parties

1. Each State Party shall submit to the Committee, through the Secretary-General of the United Nations, a comprehensive report on the measures it has taken to implement its obligations under this Convention and on progress made in this regard, within two years of the entry into force of this Convention for the State Party concerned.

2. Thereafter, States parties shall submit follow-up reports at least every four years and whenever requested by the Committee.

3. The Committee establishes guidelines governing the content of the reports.

 4. A State party that has submitted a comprehensive initial report to the Committee does not need to repeat previously submitted information in its subsequent reports. States parties are invited to consider making the preparation of reports to the Committee an open and transparent process and to give due consideration to the provision set out in article 4, paragraph 3, of this Convention.

5. The reports may indicate the factors and difficulties affecting the degree of implementation of the obligations under this Convention.

Article 36 Consideration of reports

1. Each report is reviewed by the Committee, which makes suggestions and general recommendations on it, as appropriate, and transmits them to the State party concerned. The State party may, in response, provide the Committee with any information of its choice. The Committee may request from States Parties additional information relevant to the implementation of this Convention.

 2. When a State party is significantly late in submitting a report, the Committee may notify the State Party concerned that if no report is submitted within three months of that notification, the implementation of this Convention in that State Party will need to be reviewed on the basis of reliable information available to the Committee. The Committee invites the State party concerned to participate in such a review. If a State Party submits a report in response, the provisions of paragraph 1 of this article shall apply.

3. The Secretary-General of the United Nations shall make the reports available to all States Parties.

4. The Participating States shall make their reports widely available to the public in their country and facilitate familiarization with proposals and general recommendations related to the ethics of the reports.

5. When the Committee considers it appropriate, it shall forward the reports of States parties to the specialized agencies, funds and programmes of the United Nations, as well as to other competent bodies, so that they may draw attention to a request for technical advice or assistance or an indication of the need for the latter, together with the observations and recommendations of the Committee (if any) regarding these requests or instructions.

Article 37 Cooperation between States parties and the Committee

1. Each State party shall cooperate with the Committee and assist its members in fulfilling their mandate.

2. In its relations with States parties, the Committee shall give due consideration to ways and means of enhancing national capacities for the implementation of this Convention, including through international cooperation.

Article 38 Relations of the Committee with other bodies

To facilitate the effective implementation of this Convention and to promote international cooperation in the field covered by it:

(a) The specialized agencies and other organs of the United Nations shall be entitled to be represented at the consideration of the implementation of such provisions of this Convention as fall within their mandate. When the Committee considers it appropriate, it may invite specialized agencies and other competent bodies to provide expert advice on the implementation of the Convention in areas falling within their respective mandates. The Committee may invite the specialized agencies and other United Nations bodies to submit reports on the implementation of the Convention in areas within the scope of their activities.;

(b) In carrying out its mandate, the Committee consults, as appropriate, with other relevant bodies established by international human rights instruments in order to ensure consistency in their respective reporting guidelines, as well as in their proposals and general recommendations, and to avoid duplication and overlap in their implementation. functions.

Article 39 Report of the Committee

The Committee submits a report on its activities to the General Assembly and the Economic and Social Council every two years and may make suggestions and general recommendations based on the consideration of reports and information received from States parties. Such suggestions and general recommendations shall be included in the Committee's report, together with comments (if any) from States parties.

Article 40 Conference of the States Parties

1. The States Parties shall meet regularly at a Conference of the States Parties to consider any matter relating to the implementation of this Convention.

2. No later than six months after the entry into force of this Convention, the Secretary-General of the United Nations shall convene a Conference of the States Parties. Subsequent meetings shall be convened by the Secretary-General every two years or by decision of the Conference of the States Parties.

Article 41 The Depositary

The Secretary-General of the United Nations shall be the depositary of these Conventions.

Article 42 Signature

This Convention shall be open for signature by all States and regional integration organizations at United Nations Headquarters in New York from March 30, 2007.

Article 43 Consent to be bound

This Convention is subject to ratification by the signatory States and official confirmation by the signatory regional integration organizations. It is open for accession by any State or regional integration organizations that have not signed this Convention.

Article 44 Regional integration organizations

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 this Convention. Such organizations shall indicate in their documents of official confirmation or accession the extent of their competence with respect to matters governed by this Convention. Subsequently, they will inform the depositary of any significant changes in the scope of their competence.

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

 3. For the purposes of paragraph 1 of article 45 and paragraphs 2 and 3 of article 47 of this Convention, 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 the Conference of the States Parties with a number of votes equal to the number of their Member States that are Parties to this 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. This Convention shall enter into force on the thirtieth day after the deposit of the twentieth instrument of ratification or accession.

2. For each State or regional integration organization ratifying, formally confirming or acceding to this Convention after the deposit of the twentieth such instrument, the Convention shall enter into force on the thirtieth day following the deposit of their respective instrument.

Article 46 Reservations

1. Reservations incompatible with the object and purpose of this Convention are not permitted.

2. Reservations can be withdrawn at any time.

Article 47 Amendments

1. Any State Party may propose an amendment to this Convention 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 conference 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 conference, the Secretary-General shall convene the conference 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.

 3. If the Conference of the States Parties decides by consensus to do so, the amendment approved and approved in accordance with paragraph 1 of this article, which applies exclusively to articles 34, 38, 39 and 40, shall enter into force for all States Parties on the thirtieth day after the number of deposited instruments of acceptance reaches two thirds. the numbers from the participating States as of the date of approval of this amendment.

Article 48 Denunciation

A State Party may denounce this Convention by written notification addressed 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 49 Accessible format

The text of this Convention should be made available in accessible formats.

Article 50 Authentic texts

The texts of this Convention 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 Convention.

President

Republic of Kazakhstan

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