States Parties shall recognize the rights of persons with disabilities to liberty of movement, to freedom to choose their residence and to a nationality, on an equal basis with others, including by ensuring that persons with disabilities: (a) Have the right to acquire and change a nationality and are not deprived of their nationality arbitrarily or on the basis of disability; (b) Are not deprived, on the basis of disability, of their ability to obtain, possess and utilize documentation of their nationality or other documentation of identification, or to utilize relevant processes such as immigration proceedings, that may be needed to facilitate exercise of the right to liberty of movement; (c) Are free to leave any country, including their own; (d) Are not deprived, arbitrarily or on the basis of disability, of the right to enter their own country. No matter what kind of academic paper you need, it is simple and affordable to place your order with My Essay Gram. 1. No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment. These examples, together with other cases which have gone to the courts, should be used as a guide. In the event that, within four months from the date of such communication, at least one third of the States Parties favour such a conference, the Secretary-General shall convene the conference under the auspices of the United Nations. 2. The Mental Capacity (Amendment) Bill was introduced to the House of Lords on 3 July 2018 and seeks to replace the current system by: New law introduced to protect vulnerable people in care. With a view to realizing this right without discrimination and on the basis of equal opportunity, States Parties shall ensure an inclusive education system at all levels and life long learning directed to: (a) The full development of human potential and sense of dignity and self-worth, and the strengthening of respect for human rights, fundamental freedoms and human diversity; (b) The development by persons with disabilities of their personality, talents and creativity, as well as their mental and physical abilities, to their fullest potential; (c) Enabling persons with disabilities to participate effectively in a free society. States Parties recognize the right of persons with disabilities to social protection and to the enjoyment of that right without discrimination on the basis of disability, and shall take appropriate steps to safeguard and promote the realization of this right, including measures: (a) To ensure equal access by persons with disabilities to clean water services, and to ensure access to appropriate and affordable services, devices and other assistance for disability-related needs; (b) To ensure access by persons with disabilities, in particular women and girls with disabilities and older persons with disabilities, to social protection programmes and poverty reduction programmes; (c) To ensure access by persons with disabilities and their families living in situations of poverty to assistance from the State with disability-related expenses, including adequate training, counselling, financial assistance and respite care; (d) To ensure access by persons with disabilities to public housing programmes; (e) To ensure equal access by persons with disabilities to retirement benefits and programmes. See Annex to the Bi-Annual Report 2016 A/72/55, Key documents related to reporting cycles, Follow-up to concluding observations procedure, Documentation tools on reporting to the UN Treaty Bodies, Call for Comments on draft General Comments, Statistical Survey on individual complaints, Fact sheet on the communication procedure, How to direct complaints to the treaty bodies, Arabic | 1. It can be someone like a family member (and often is). 1. 1. States Parties shall protect the privacy of personal, health and rehabilitation information of persons with disabilities on an equal basis with others. 3. Remember, a diagnosis of dementia does not mean that the person lacks capacity. 2. The MCA allows us to do this in the person’s best interests, but we must be authorised to do so. When preparing reports to the Committee, States Parties are invited to consider doing so in an open and transparent process and to give due consideration to the provision set out in article 4.3 of the present Convention. Case studies about dementia and the Mental Capacity Act and Deprivation of Liberty Safeguards (DoLS), Safeguarding and protection in dementia care, by empowering people to make decisions for themselves wherever possible, and by protecting people who lack capacity by providing a flexible framework that places individuals at the heart of the decision-making process, by allowing people to plan ahead for a time in the future when they might lack the capacity, Assume a person has capacity unless proved otherwise, Do not treat people as incapable of making a decision unless all practicable steps have been tried to help them, A person should not be treated as incapable of making a decision because their decision may seem unwise, Always do things or take decisions for people without capacity in their best interests, Before doing something to someone or making a decision on their behalf, consider whether the outcome could be achieved in a less restrictive way, Understand information relevant to the decision, Retain that information for the length of time needed to make that decision, Stage 1. The Committee may request further information from States Parties relevant to the implementation of the present Convention. Who We Are. 1. States Parties shall prohibit all discrimination on the basis of disability and guarantee to persons with disabilities equal and effective legal protection against discrimination on all grounds. 3. States Parties shall take all appropriate legislative, administrative, social, educational and other measures to protect persons with disabilities, both within and outside the home, from all forms of exploitation, violence and abuse, including their gender-based aspects. ERROR TO THE SUPREME COURT OF LOUISIANA 1. States Parties shall ensure that if persons with disabilities are deprived of their liberty through any process, they are, on an equal basis with others, entitled to guarantees in accordance with international human rights law and shall be treated in compliance with the objectives and principles of this Convention, including by provision of reasonable accommodation. Where there is doubt as to a person’s ability to make their own decisions, whether that be around what to wear, or where to live, the Mental Capacity Act (2005) might apply. In realizing this right, States Parties shall ensure that: (a) Persons with disabilities are not excluded from the general education system on the basis of disability, and that children with disabilities are not excluded from free and compulsory primary education, or from secondary education, on the basis of disability; (b) Persons with disabilities can access an inclusive, quality and free primary education and secondary education on an equal basis with others in the communities in which they live; (c) Reasonable accommodation of the individual's requirements is provided; (d) Persons with disabilities receive the support required, within the general education system, to facilitate their effective education; (e) Effective individualized support measures are provided in environments that maximize academic and social development, consistent with the goal of full inclusion. Spanish, PreambleArticle 1 - PurposeArticle 2 - DefinitionsArticle 3 - General principlesArticle 4 - General obligationsArticle 5 - Equality and non-discriminationArticle 6 - Women with disabilitiesArticle 7 - Children with disabilitiesArticle 8 - Awareness-raisingArticle 9 - AccessibilityArticle 10 - Right to lifeArticle 11 - Situations of risk and humanitarian emergenciesArticle 12 - Equal recognition before the lawArticle 13 - Access to justiceArticle 14 - Liberty and security of the personArticle 15 - Freedom from torture or cruel, inhuman or degrading treatment or punishmentArticle 16 - Freedom from exploitation, violence and abuseArticle 17 - Protecting the integrity of the personArticle 18 - Liberty of movement and nationalityArticle 19 - Living independently and being included in the communityArticle 20 - Personal mobilityArticle 21 - Freedom of expression and opinion, and access to informationArticle 22 - Respect for privacyArticle 23 - Respect for and the familyArticle 24 - EducationArticle 25 - HealthArticle 26 - Habilitation and rehabilitationArticle 27 - Work and employmentArticle 28 - Adequate standard of living and social protectionArticle 29 - Participation in political and public lifeArticle 30 - Participation in cultural life, recreation, leisure and sportArticle 31 - Statistics and data collectionArticle 32 - International cooperationArticle 33 - National implementation and monitoringArticle 34 - Committee on the Rights of Persons with DisabilitiesArticle 35 - Reports by States PartiesArticle 36 - Consideration of reportsArticle 37 - Cooperation between States Parties and the CommitteeArticle 38 - Relationship of the Committee with other bodiesArticle 39 - Report of the CommitteeArticle 40 - Conference of States PartiesArticle 41 - DepositaryArticle 42 - SignatureArticle 43 - Consent to be boundArticle 44 - Regional integration organizationsArticle 45 - Entry into forceArticle 46 - ReservationsArticle 47 - AmendmentsArticle 48 - DenunciationArticle 49 - Accessible formatArticle 50 - Authentic texts. References to "States Parties" in the present Convention shall apply to such organizations within the limits of their competence. 7. The Committee shall invite the State Party concerned to participate in such examination. We need to ask ourselves if we are making the decision based on what we believe is to be wise. There shall be established a Committee on the Rights of Persons with Disabilities (hereafter referred to as "the Committee"), which shall carry out the functions hereinafter provided. In order to help to ensure effective access to justice for persons with disabilities, States Parties shall promote appropriate training for those working in the field of administration of justice, including police and prison staff. States Parties shall take appropriate measures to enable persons with disabilities to have the opportunity to develop and utilize their creative, artistic and intellectual potential, not only for their own benefit, but also for the enrichment of society. Deprivation of Liberty Safeguards (DoLs) are an amendment to the MCA and are the safeguards which protect a person who lacks capacity to consent to their care and treatment in order to keep them safe from harm. We may believe it’s wise to shower every day, but perhaps Mrs Evan’s has only ever bathed once a week. We need to consider what is in the person’s best interests. Is the impairment or disturbance sufficient that the person lacks the capacity to make a particular decision? 5. Such an organization shall not exercise its right to vote if any of its member States exercises its right, and vice versa. States Parties shall put in place effective legislation and policies, including women- and child-focused legislation and policies, to ensure that instances of exploitation, violence and abuse against persons with disabilities are identified, investigated and, where appropriate, prosecuted. 2. States Parties shall take all effective legislative, administrative, judicial or other measures to prevent persons with disabilities, on an equal basis with others, from being subjected to torture or cruel, inhuman or degrading treatment or punishment. It’s vital to remember that capacity is not a one-off decision but decision-specific. (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 Child, and the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families. What does the Act mean for you when supporting people living with dementia? The Committee may invite specialized agencies and other United Nations organs to submit reports on the implementation of the Convention in areas falling within the scope of their activities; (b) The Committee, as it discharges its mandate, shall consult, as appropriate, other relevant bodies instituted by international human rights treaties, with a view to ensuring the consistency of their respective reporting guidelines, suggestions and general recommendations, and avoiding duplication and overlap in the performance of their functions. With regard to economic, social and cultural rights, each State Party undertakes to take measures to the maximum of its available resources and, where needed, within the framework of international cooperation, with a view to achieving progressively the full realization of these rights, without prejudice to those obligations contained in the present Convention that are immediately applicable according to international law. Scholar Assignments are your one stop shop for all your assignment help needs.We include a team of writers who are highly experienced and thoroughly vetted to ensure both their expertise and professional behavior. Subsequently, they shall inform the depositary of any substantial modification in the extent of their competence. They would also assess whether the planned care arrangements are “necessary and proportionate”. 4. States Parties recognize the right of persons with disabilities to take part on an equal basis with others in cultural life, and shall take all appropriate measures to ensure that persons with disabilities: (a) Enjoy access to cultural materials in accessible formats; (b) Enjoy access to television programmes, films, theatre and other cultural activities, in accessible formats; (c) Enjoy access to places for cultural performances or services, such as theatres, museums, cinemas, libraries and tourism services, and, as far as possible, enjoy access to monuments and sites of national cultural importance. 3. Such recovery and reintegration shall take place in an environment that fosters the health, welfare, self-respect, dignity and autonomy of the person and takes into account gender- and age-specific needs. U.S. Supreme Court Slaughterhouse Cases, 83 U.S. 16 Wall. States Parties shall take all appropriate measures to ensure that persons with disabilities can exercise the right to freedom of expression and opinion, including the freedom to seek, receive and impart information and ideas on an equal basis with others and through all forms of communication of their choice, as defined in article 2 of the present Convention, including by: (a) Providing information intended for the general public to persons with disabilities in accessible formats and technologies appropriate to different kinds of disabilities in a timely manner and without additional cost; (b) Accepting and facilitating the use of sign languages, Braille, augmentative and alternative communication, and all other accessible means, modes and formats of communication of their choice by persons with disabilities in official interactions; (c) Urging private entities that provide services to the general public, including through the Internet, to provide information and services in accessible and usable formats for persons with disabilities; (d) Encouraging the mass media, including providers of information through the Internet, to make their services accessible to persons with disabilities; (e) Recognizing and promoting the use of sign languages. Nothing in the present Convention shall affect any provisions which are more conducive to the realization of the rights of persons with disabilities and which may be contained in the law of a State Party or international law in force for that State. Guidelines on Article 14 - 3. People should be supported to make as many decisions for themselves as they can. To decide what is in the best interests of a person who lacks capacity, consider: Best interest meetings bring together people to make difficult decisions. In its relationship with States Parties, the Committee shall give due consideration to ways and means of enhancing national capacities for the implementation of the present Convention, including through international cooperation. (r) Recognizing that children with disabilities should have full enjoyment of all human rights and fundamental freedoms on an equal basis with other children, and recalling obligations to that end undertaken by States Parties to the Convention on the Rights of the Child. A State Party may denounce the present Convention by written notification to the Secretary-General of the United Nations. In particular, States Parties shall: (a) Provide persons with disabilities with the same range, quality and standard of free or affordable health care and programmes as provided to other persons, including in the area of sexual and reproductive health and population-based public health programmes; (b) Provide those health services needed by persons with disabilities specifically because of their disabilities, including early identification and intervention as appropriate, and services designed to minimize and prevent further disabilities, including among children and older persons; (c) Provide these health services as close as possible to people's own communities, including in rural areas; (d) Require health professionals to provide care 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, autonomy and needs of persons with disabilities through training and the promulgation of ethical standards for public and private health care; (e) Prohibit discrimination against persons with disabilities in the provision of health insurance, and life insurance where such insurance is permitted by national law, which shall be provided in a fair and reasonable manner; (f) Prevent discriminatory denial of health care or health services or food and fluids on the basis of disability. Chinese | Preamble The States Parties to the present Convention, Article 23 - Respect for home and the family. It includes all forms of discrimination, including denial of reasonable accommodation; "Reasonable accommodation" means necessary and appropriate modification and adjustments not imposing a disproportionate or undue burden, where needed in a particular case, to ensure to persons with disabilities the enjoyment or exercise on an equal basis with others of all human rights and fundamental freedoms; "Universal design" means the design of products, environments, programmes and services to be usable by all people, to the greatest extent possible, without the need for adaptation or specialized design. The present Convention shall be subject to ratification by signatory States and to formal confirmation by signatory regional integration organizations. The Arabic, Chinese, English, French, Russian and Spanish texts of the present Convention shall be equally authentic. 3. 3. (i) Recognizing further the diversity of persons with disabilities. Deprivation of Liberty Safeguards (DoLs) are an amendment to the MCA and are the safeguards which protect a person who lacks capacity to consent to their care and treatment in order to keep them safe from harm. There shall be no restriction upon or derogation from any of the human rights and fundamental freedoms recognized or existing in any State Party to the present Convention pursuant to law, conventions, regulation or custom on the pretext that the present Convention does not recognize such rights or freedoms or that it recognizes them to a lesser extent. The Secretary-General of the United Nations shall provide the necessary staff and facilities for the effective performance of the functions of the Committee under the present Convention, and shall convene its initial meeting. Such safeguards shall ensure that measures relating to the exercise of legal capacity respect the rights, will and preferences of the person, are free of conflict of interest and undue influence, are proportional and tailored to the person's circumstances, apply for the shortest time possible and are subject to regular review by a competent, independent and impartial authority or judicial body. To this end, States Parties shall ensure that reasonable accommodation is provided to persons with disabilities. 2. See more. The Committee shall report every two years to the General Assembly and to the Economic and Social Council on its activities, and may make suggestions and general recommendations based on the examination of reports and information received from the States Parties. He explains that he hasn’t got time for visitors, he is on his way to work. For each State or regional integration organization ratifying, formally confirming or acceding to the Convention after the deposit of the twentieth such instrument, the Convention shall enter into force on the thirtieth day after the deposit of its own such instrument. With the approval of the General Assembly, the members of the Committee established under the present Convention shall receive emoluments from United Nations resources on such terms and conditions as the Assembly may decide, having regard to the importance of the Committee's responsibilities. Should the State Party respond by submitting the relevant report, the provisions of paragraph 1 of this article will apply. Any State Party may propose an amendment to the present Convention and submit it to the Secretary-General of the United Nations.