Proposition 52K1752

Projet de loi portant assentiment aux Actes internationaux suivants : - Convention relative aux droits des personnes handicapées, - Protocole facultatif se rapportant à la Convention relative aux droits des personnes handicapées, adoptés à New York le 13 décembre 2006.

General information ¶

Submitted by

The Senate

Submission date

Dec. 16, 2008

Official page

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Status

Adopted

Requirement

Simple

Subjects

anti-discriminatory measure discrimination based on disability disabled person equal treatment integration of the disabled international agreement human rights

Voting ¶

Voted to adopt

Groen CD&V Vooruit Ecolo LE PS | SP Open Vld N-VA LDD MR FN VB

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Discussion ¶

Feb. 19, 2009 | Plenary session (Chamber of representatives)

Full source

Does anyone ask for the word?

Does anyone ask for the word?

Mr. Speaker, I would like to highlight very briefly the importance of this international treaty. It is a treaty that was adopted on 13 December 2006.

It aims to promote and protect the rights of persons with disabilities. It expressly prohibits any discrimination in education, employment, health, access to information and public buildings.

The appointment of a committee of experts, which also includes persons with disabilities, is of particular importance. The Committee shall monitor the implementation of the Convention by the States Parties to the Convention. The Convention is the result of a ⁇ unique cooperation between states, disabled people’s organizations, other civil society organizations and the United Nations. In this regard, it is a school example of how a treaty is ideally made, in good cooperation between states and the United Nations on the one hand, and the civil society on the other.

I would also like to take the opportunity to urge the government not to lose sight of other human rights conventions. The Optional Protocol to the UN Convention against Torture and Other Cruel, Inhuman and Degrading Treatment and Punishment is still awaiting final approval. The Convention for the Protection of the Rights of All Migrant Workers and Members of their Families has not yet been ratified in any European country. This should definitely be addressed at the European level. The Convention for the Protection of All Persons from Forced Disappearance has been in the pipeline for a long time. There are many other international and European treaties. A large number of members of the Foreign Affairs Committee are present here today. I think it is of the utmost importance to work in Parliament on the ratification of international human rights standards. I think we should all stand behind that. Amnesty International calls for this.

Mr. Speaker, I would like to speak briefly because the adoption of this convention has been long awaited in Belgium by the persons with disabilities and the associations that gather and represent them.

As said, this gesture is important because it will strengthen the prohibition of creating discrimination between persons with disabilities and others, in access to services and everything that makes our daily life, whether social, cultural or professional.

This Convention also contains provisions that stipulate that a person with a disability must be involved in all decision-making acts concerning him/her and that that person must be considered in his/her capacity first, and then in his/her incapacity to assess the assistance he/she needs. If I insist on this point, it is because, Mr. Speaker, we will soon work on devices that will aim to protect persons with a disability or mental illness that are called “sick people” – I like this expression – but that some call “incapable people”.

I would like to draw the attention of mr. Goutry and my colleagues of the majority. There is a bill on the table aimed at creating a single disability status for persons. With this convention, such a title will now be prohibited. The provisions as embodied in the original text – although I know it will be amended – are also not in accordance with the convention we are going to adopt.

It is therefore a gesture that engages us in a better consideration of persons with disabilities, citizens in the same way as other citizens.

Mr. Speaker, in line with my colleague’s remarks, it is obvious that within the family law committee, we will be brought within a few weeks to elaborate the disability reform.

Madame Gerkens, I say it right away: Disability is a legal term that has been in our Civil Code for a long time but it is obvious that there is a will of all the parties to reform the different statutes of the disabled. It is obvious that we will take into account international treaties and acts, but especially the evolution of the image of the vulnerable or disabled person in order to elaborate this reform that is not easy.

We are working to amend the draft law. Goutry signed by almost all the parties. We are going around the associations and will take into account their remarks to move forward in this difficult reform, which takes a lot of time and that we will launch in the committee that I preside over.

Madame Nyssens, this will force us to rethink our legal names. It is not the same to say that a person has disabilities requiring protective measures – that is why I advocate the use of the term “vulnerable” – and to say that he is incapable. On the legal level, one could let go, there was the prolonged minority and other designations that did not take into account the fact that the person with disabilities should be treated on the same basis as the others.

To inspire and improve the proposal of my colleagues, today is taken into consideration my bill concerning the provisional administration of property and vulnerable persons and which, in my opinion, should replace theirs.