Article 6 — Education, health, food, work, housing, leisure,

security, social security, protection of motherhood and childhood, and assistance to the destitute are social rights, as set forth by this c onstitution.” a rticle 2. t his a mendment shall come into force on the date of its publication. b rasília, f ebruary 4, 2010. THE DIRECTING BOARD OF THE CHAMBER OF DEPUTIES: Deputy Michel Temer, Speaker – Deputy Marco Maia, f irst vice- p resident – d eputy Antônio Carlos Magalhães Neto, s econd vice- p resident – d eputy Rafael Guerra, f irst s ecretary – de puty Inocêncio Oliveira , se cond se cretary – de puty Odair Cunha , th ird se cretary – d eputy Nelson Marquezelli , f ourth s ecretary. THE DIRECTING BOARD OF THE FEDERAL SENATE: Senator José Sarney, pr esident – se nator Marconi Perillo , fi rst vi ce-pr esident – se nator Serys Slhessarenko , s econd vice- p resident – s enator Heráclito Fortes, f irst s ecretary – s enator João Vicente Claudino, s econd s ecretary – s enator Mão Santa, t hird s ecretary – s enator Patrícia Saboya , a cting f ourth s ecretary. p ublished in the Official Journal , f ebruary 5, 2010. miolo_constitution_versao_camara.indd 387 17/6/2010 15:01:18 international a cts e quivalent to Constitutional a mendments miolo_constitution_versao_camara.indd 389 17/6/2010 15:01:18 391 International ActsleGislati Ve DeCRee no . 186 JulY 9, 2008 (published in the Official Journal , July 10, 2008)27 Be it known to all that the National Congress has approved, and I, Garibaldi Alves f ilho, p resident of the f ederal s enate, under the terms of a rticle 5, paragraph 3, of the f ederal c onstitution, and under the terms of a rticle 48, i tem XX viii , of the s tanding r ules, enact the following le G islati V e D e CR ee no . 186, 2008 To approve the text of the Convention on the Rights of Persons with Disabilities and of its Optional Protocol, signed in New York on March 30, 2007. The National Congress decrees the following: a rticle 1. t he text of the c onvention on the r ights of p ersons with d isabilities and of its Optional Protocol, signed in New York on March 30, 2007, is hereby approved, under the terms of paragraph 3 of a rticle 5 of the f ederal c onstitution. Sole paragraph. an y acts that alter the above-mentioned co nvention and its Optional Protocol, as well as any other complementary adjustments that, under the terms of item i of the head paragraph of article 49 of the f ederal c onstitution, entail charges or commitments encumbering the national property, are subject to approval by the n ational c ongress. ar ticle 2. th is le gislative de cree shall come into force on the date of its publication. f ederal s enate, July 9, 2008. sena tor G aribaldi al ves filho – p resident of the f ederal s enate. 27 republished in the Official Journal , a ugust 20, 2008. miolo_constitution_versao_camara.indd 391 17/6/2010 15:01:18 Constitution of the Federative Republic of Brazil 392 ConVention on t He RiGHts of P eRsons W it H D isabilities PReamble t he s tates p arties to the present c onvention, a. re calling the principles proclaimed in the ch arter of the un ited na tions which recognize the inherent dignity and worth and the equal and inalienable rights of all members of the human family as the foundation of freedom, justice and peace in the world, b. R ecognizing that the United Nations, in the Universal Declaration of Human Rights and in the i nternational c ovenants on h uman r ights, has proclaimed and agreed that everyone is entitled to all the rights and freedoms set forth therein, without distinction of any kind, c. R eaffirming the universality, indivisibility, interdependence and interrelatedness of all human rights and fundamental freedoms and the need for persons with disabilities to be guaranteed their full enjoyment without discrimination, d. r ecalling the i nternational c ovenant on e conomic, s ocial and c ultural r ights, the in ternational co venant on ci vil and po litical ri ghts, the in ternational co nvention on the e limination of a ll f orms of r acial d iscrimination, the c onvention on the Elimination of All Forms of Discrimination against Women, the Convention against to rture and ot her cr uel, in human or de grading tr eatment or pu nishment, the co nvention on the ri ghts of the ch ild, and the in ternational co nvention 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 results from the interaction between persons with impairments and attitudinal and environmental barriers that hinders their full and effective participation in society on an equal basis with others, f. R ecognizing the importance of the principles and policy guidelines contained in the World Programme of Action concerning Disabled Persons and in the Standard Rules on the Equalization of Opportunities for Persons with Disabilities in influencing the promotion, formulation and evaluation of the policies, plans, programmes and actions at the national, regional and international levels to further equalize opportunities for persons with disabilities, g. Emphasizing the importance of mainstreaming disability issues as an integral part of relevant strategies of sustainable development, h. Recognizing also that discrimination against any person on the basis of disability is a violation of the inherent dignity and worth of the human person, miolo_constitution_versao_camara.indd 392 17/6/2010 15:01:19 393 International Actsi. 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 who require more intensive support, k. Concerned that, despite these various instruments and undertakings, persons with disabilities continue to face barriers in their participation as equal members of society and violations of their human rights in all parts of the world, l. R ecognizing the importance of international cooperation for improving the living conditions of persons with disabilities in every country, particularly in developing countries, m. R ecognizing the valued existing and potential contributions made by persons with disabilities to the overall well-being and diversity of their communities, and that the promotion of the full enjoyment by persons with disabilities of their human rights and fundamental freedoms and of full participation by persons with disabilities will result in their enhanced sense of belonging and in significant advances in the human, social and economic development of society and the eradication of poverty, n. R ecognizing the importance for persons with disabilities of their individual autonomy and independence, including the freedom to make their own choices, o. co nsidering that persons with disabilities should have the opportunity to be actively involved in decision-making processes about policies and programmes, including those directly concerning them, p. C oncerned about the difficult conditions faced by persons with disabilities who are subject to multiple or aggravated forms of discrimination on the basis of race, colour, sex, language, religion, political or other opinion, national, ethnic, indigenous or social origin, property, birth, age or other status, q. R ecognizing that women and girls with disabilities are often at greater risk, both within and outside the home of violence, injury or abuse, neglect or negligent treatment, maltreatment or exploitation, r. R ecognizing 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 ch ild, s. E mphasizing the need to incorporate a gender perspective in all efforts to promote the full enjoyment of human rights and fundamental freedoms by persons with disabilities, t. H ighlighting the fact that the majority of persons with disabilities live in conditions of poverty, and in this regard recognizing the critical need to address the negative impact of poverty on persons with disabilities, u. be aring in mind that conditions of peace and security based on full respect for the purposes and principles contained in the ch arter of the un ited na tions and observance of miolo_constitution_versao_camara.indd 393 17/6/2010 15:01:19 Constitution of the Federative Republic of Brazil 394 applicable human rights instruments are indispensable for the full protection of persons with disabilities, in particular during armed conflicts and foreign occupation, v. Recognizing the importance of accessibility to the physical, social, economic and cultural environment, to health and education and to information and communication, in enabling persons with disabilities to fully enjoy all human rights and fundamental freedoms, w. R ealizing that the individual, having duties to other individuals and to the community to which he or she belongs, is under a responsibility to strive for the promotion and observance of the rights recognized in the International Bill of Human Rights, x. c onvinced that the family is the natural and fundamental group unit of society and is entitled to protection by society and the s tate, and that persons with disabilities and their family members should receive the necessary protection and assistance to enable families to contribute towards the full and equal enjoyment of the rights of persons with disabilities, y. c onvinced that a comprehensive and integral international convention to promote and protect the rights and dignity of persons with disabilities will make a significant contribution to redressing the profound social disadvantage of persons with disabilities and promote their participation in the civil, political, economic, social and cultural spheres with equal opportunities, in both developing and developed countries, Have agreed as follows: aRti C le 1 p urpose t he purpose of the present c onvention is to promote, protect and ensure the full and equal enjoyment of all human rights and fundamental freedoms by all persons with disabilities, and to promote respect for their inherent dignity. pe rsons with disabilities include those who have long-term physical, mental, intellectual or sensory impairments which in interaction with various barriers may hinder their full and effective participation in society on an equal basis with others. aRti C le 2 Definitions For the purposes of the present Convention: “co mmunication” includes languages, display of text, br aille, tactile communication, large print, accessible multimedia as well as written, audio, plain-language, human- reader and augmentative and alternative modes, means and formats of communication, including accessible information and communication technology; “ l anguage” includes spoken and signed languages and other forms of non spoken languages; miolo_constitution_versao_camara.indd 394 17/6/2010 15:01:19 395 International Acts“di scrimination on the basis of disability” means any distinction, exclusion or restriction on the basis of disability which has the purpose or effect of impairing or nullifying the recognition, enjoyment or exercise, 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 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; “ u niversal 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. “Universal design” shall not exclude assistive devices for particular groups of persons with disabilities where this is needed. aRti C le 3 General principles The principles of the present Convention shall be: a. Respect for inherent dignity, individual autonomy including the freedom to make one’s own choices, and independence of persons; b. Non-discrimination; c. Full and ef fective participation and inclusion in society; d. re spect for difference and acceptance of persons with disabilities as part of human diversity and humanity; e. Equality of opportunity; f. Accessibility; g. Equality between men and women; h. r espect for the evolving capacities of children with disabilities and respect for the right of children with disabilities to preserve their identities. aRti C le 4 General obligations 1. States Parties undertake to ensure and promote the full realization of all human rights and fundamental freedoms for all persons with disabilities without discrimination of any kind on the basis of disability. To this end, States Parties undertake: a. to adopt all appropriate legislative, administrative and other measures for the implementation of the rights recognized in the present Convention; miolo_constitution_versao_camara.indd 395 17/6/2010 15:01:19 Constitution of the Federative Republic of Brazil 396 b. T o take all appropriate measures, including legislation, to modify or abolish existing laws, regulations, customs and practices that constitute discrimination against persons with disabilities; c. T o take into account the protection and promotion of the human rights of persons with disabilities in all policies and programmes; d. to refrain from engaging in any act or practice that is inconsistent with the present c onvention and to ensure that public authorities and institutions act in conformity with the present Convention; e. T o take all appropriate measures to eliminate discrimination on the basis of disability by any person, organization or private enterprise; f. T o undertake or promote research and development of universally designed goods, services, equipment and facilities, as defined in article 2 of the present Convention, which should require the minimum possible adaptation and the least cost to meet the specific needs of a person with disabilities, to promote their availability and use, and to promote universal design in the development of standards and guidelines; g. T o undertake or promote research and development of, and to promote the availability and use of new technologies, including information and communications technologies, mobility aids, devices and assistive technologies, suitable for persons with disabilities, giving priority to technologies at an affordable cost; h. to provide accessible information to persons with disabilities about mobility aids, devices and assistive technologies, including new technologies, as well as other forms of assistance, support services and facilities; i. T o promote the training of professionals and staff working with persons with disabilities in the rights recognized in this Convention so as to better provide the assistance and services guaranteed by those rights. 2. 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 c onvention that are immediately applicable according to international law. 3. i n the development and implementation of legislation and policies to implement the present Convention, and in other decision-making processes concerning issues relating to persons with disabilities, st ates pa rties shall closely consult with and actively involve persons with disabilities, including children with disabilities, through their representative organizations. 4. n othing in the present c onvention 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 s tate p arty or international law in force for that s tate. t here shall be no restriction upon or derogation from any of the human rights miolo_constitution_versao_camara.indd 396 17/6/2010 15:01:19 397 International Actsand fundamental freedoms recognized or existing in any State Party to the present c onvention 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. 5. t he provisions of the present c onvention shall extend to all parts of federal states without any limitations or exceptions. aRti C le 5 e quality and non-discrimination 1. States Parties recognize that all persons are equal before and under the law and are entitled without any discrimination to the equal protection and equal benefit of the law. 2. st ates pa rties 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. In order to promote equality and eliminate discrimination, States Parties shall take all appropriate steps to ensure that reasonable accommodation is provided. 4. Specific measures which are necessary to accelerate or achieve de facto equality of persons with disabilities shall not be considered discrimination under the terms of the present c onvention. aRti C le 6 Women with disabilities 1. States Parties recognize that women and girls with disabilities are subject to multiple discrimination, and in this regard shall take measures to ensure the full and equal enjoyment by them of all human rights and fundamental freedoms. 2. States Parties shall take all appropriate measures to ensure the full development, advancement and empowerment of women, for the purpose of guaranteeing them the exercise and enjoyment of the human rights and fundamental freedoms set out in the present c onvention. aRti C le 7 c hildren with disabilities 1. States Parties shall take all necessary measures to ensure the full enjoyment by children with disabilities of all human rights and fundamental freedoms on an equal basis with other children. 2. i n all actions concerning children with disabilities, the best interests of the child shall be a primary consideration.3. s tates p arties shall ensure that children with disabilities have the right to express their views freely on all matters affecting them, their views being given due weight miolo_constitution_versao_camara.indd 397 17/6/2010 15:01:19 Constitution of the Federative Republic of Brazil 398 in accordance with their age and maturity, on an equal basis with other children, and to be provided with disability and age-appropriate assistance to realize that right. aRti C le 8 awareness-raising 1. States Parties undertake to adopt immediate, ef fective and appropriate measures: a. to raise awareness throughout society, including at the family level, regarding persons with disabilities, and to foster respect for the rights and dignity of persons with disabilities; b. T o combat stereotypes, prejudices and harmful practices relating to persons with disabilities, including those based on sex and age, in all areas of life; c. to promote awareness of the capabilities and contributions of persons with disabilities. Measures to this end include:a. Initiating and maintaining ef fective public awareness campaigns designed: i. T o nurture receptiveness to the rights of persons with disabilities; ii. to promote positive perceptions and greater social awareness towards persons with disabilities; iii. T o promote recognition of the skills, merits and abilities of persons with disabilities, and of their contributions to the workplace and the labour market; b. f ostering at all levels of the education system, including in all children from an early age, an attitude of respect for the rights of persons with disabilities; c. en couraging all organs of the media to portray persons with disabilities in a manner consistent with the purpose of the present Convention; d. pr omoting awareness-training programmes regarding persons with disabilities and the rights of persons with disabilities. aRti C le 9 a ccessibility 1. to enable persons with disabilities to live independently and participate fully in all aspects of life, States Parties shall take appropriate measures to ensure to persons with disabilities access, on an equal basis with others, to the physical environment, to transportation, to information and communications, including information and communications technologies and systems, and to other facilities and services open or provided to the public, both in urban and in rural areas. t hese measures, which shall include the identification and elimination of obstacles and barriers to accessibility, shall apply to, inter alia: miolo_constitution_versao_camara.indd 398 17/6/2010 15:01:19 399 International Actsa. buildings, roads, transportation and other indoor and outdoor facilities, including schools, housing, medical facilities and workplaces; b. i nformation, communications and other services, including electronic services and emergency services. 2. States Parties shall also take appropriate measures to:a. de velop, promulgate and monitor the implementation of minimum standards and guidelines for the accessibility of facilities and services open or provided to the public; b. en sure that private entities that offer facilities and services which are open or provided to the public take into account all aspects of accessibility for persons with disabilities; c. P rovide training for stakeholders on accessibility issues facing persons with disabilities; d. p rovide in buildings and other facilities open to the public signage in b raille and in easy to read and understand forms; e. p rovide forms of live assistance and intermediaries, including guides, readers and professional sign language interpreters, to facilitate accessibility to buildings and other facilities open to the public; f. pr omote other appropriate forms of assistance and support to persons with disabilities to ensure their access to information; g. pr omote access for persons with disabilities to new information and communications technologies and systems, including the Internet; h. pr omote the design, development, production and distribution of accessible information and communications technologies and systems at an early stage, so that these technologies and systems become accessible at minimum cost. aRti C le 10 r ight to life States Parties reaffirm that every human being has the inherent right to life and shall take all necessary measures to ensure its effective enjoyment by persons with disabilities on an equal basis with others. aRti C le 11 Situations of risk and humanitarian emergencies States Parties shall take, in accordance with their obligations under international law, including international humanitarian law and international human rights law, all necessary measures to ensure the protection and safety of persons with disabilities in situations of risk, including situations of armed conflict, humanitarian emergencies and the occurrence of natural disasters. miolo_constitution_versao_camara.indd 399 17/6/2010 15:01:19 Constitution of the Federative Republic of Brazil 400 aRti C le 12 e qual recognition before the law 1. States Parties reaffirm that persons with disabilities have the right to recognition everywhere as persons before the law. 2. States Parties shall recognize that persons with disabilities enjoy legal capacity on an equal basis with others in all aspects of life. 3. States Parties shall take appropriate measures to provide access by persons with disabilities to the support they may require in exercising their legal capacity. 4. st ates pa rties shall ensure that all measures that relate to the exercise of legal capacity provide for appropriate and effective safeguards to prevent abuse in accordance with international human rights law. s uch 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. t he safeguards shall be proportional to the degree to which such measures affect the person’s rights and interests. 5. Subject to the provisions of this article, States Parties shall take all appropriate and effective measures to ensure the equal right of persons with disabilities to own or inherit property, to control their own financial affairs and to have equal access to bank loans, mortgages and other forms of financial credit, and shall ensure that persons with disabilities are not arbitrarily deprived of their property. aRti C le 13 Access to justice 1. States Parties shall ensure effective access to justice for persons with disabilities on an equal basis with others, including through the provision of procedural and age-appropriate accommodations, in order to facilitate their effective role as direct and indirect participants, including as witnesses, in all legal proceedings, including at investigative and other preliminary stages. 2. 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. aRti C le 14 l iberty and security of the person 1. s tates p arties shall ensure that persons with disabilities, on an equal basis with others: a. Enjoy the right to liberty and security of person; miolo_constitution_versao_camara.indd 400 17/6/2010 15:01:19 401 International Actsb. are not deprived of their liberty unlawfully or arbitrarily, and that any deprivation of liberty is in conformity with the law, and that the existence of a disability shall in no case justify a deprivation of liberty. 2. st ates pa rties 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. aRti C le 15 f reedom from torture or cruel, inhuman or degrading treatment or punishment 1. No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment. In particular, no one shall be subjected without his or her free consent to medical or scientific experimentation. 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. aRti C le 16 f reedom from exploitation, violence and abuse 1. 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. 2. States Parties shall also take all appropriate measures to prevent all forms of exploitation, violence and abuse by ensuring, inter alia, appropriate forms of gender- and age-sensitive assistance and support for persons with disabilities and their families and caregivers, including through the provision of information and education on how to avoid, recognize and report instances of exploitation, violence and abuse. States Parties shall ensure that protection services are age-, gender- and disability-sensitive. 3. i n order to prevent the occurrence of all forms of exploitation, violence and abuse, st ates pa rties shall ensure that all facilities and programmes designed to serve persons with disabilities are effectively monitored by independent authorities.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 become victims of any form of exploitation, violence or abuse, including through the provision of protection services. su ch 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. 5. st ates pa rties shall put in place effective legislation and policies, including women- and child-focused legislation and policies, to ensure that instances of exploitation, miolo_constitution_versao_camara.indd 401 17/6/2010 15:01:19 Constitution of the Federative Republic of Brazil 402 violence and abuse against persons with disabilities are identified, investigated and, where appropriate, prosecuted. aRti C le 17 p rotecting the integrity of the person e very person with disabilities has a right to respect for his or her physical and mental integrity on an equal basis with others. aRti C le 18 l iberty of movement and nationality 1. 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. h ave the right to acquire and change a nationality and are not deprived of their nationality arbitrarily or on the basis of disability; b. a re 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. a re not deprived, arbitrarily or on the basis of disability, of the right to enter their own country. 2. c hildren with disabilities shall be registered immediately after birth and shall have the right from birth to a name, the right to acquire a nationality and, as far as possible, the right to know and be cared for by their parents. aRti C le 19 l iving independently and being included in the community States Parties to this Convention recognize the equal right of all persons with disabilities to live in the community, with choices equal to others, and shall take effective and appropriate measures to facilitate full enjoyment by persons with disabilities of this right and their full inclusion and participation in the community, including by ensuring that: a. p ersons with disabilities have the opportunity to choose their place of residence and where and with whom they live on an equal basis with others and are not obliged to live in a particular living arrangement; b. p ersons with disabilities have access to a range of in-home, residential and other community support services, including personal assistance necessary to support miolo_constitution_versao_camara.indd 402 17/6/2010 15:01:19 403 International Actsliving and inclusion in the community, and to prevent isolation or segregation from the community; c. c ommunity services and facilities for the general population are available on an equal basis to persons with disabilities and are responsive to their needs. aRti C le 20 p ersonal mobility States Parties shall take effective measures to ensure personal mobility with the greatest possible independence for persons with disabilities, including by: a. f acilitating the personal mobility of persons with disabilities in the manner and at the time of their choice, and at affordable cost; b. f acilitating access by persons with disabilities to quality mobility aids, devices, assistive technologies and forms of live assistance and intermediaries, including by making them available at affordable cost; c. Providing training in mobility skills to persons with disabilities and to specialist staff working with persons with disabilities; d. en couraging entities that produce mobility aids, devices and assistive technologies to take into account all aspects of mobility for persons with disabilities. aRti C le 21 f reedom of expression and opinion, and access to information 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. p roviding 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. a ccepting and facilitating the use of sign languages, b raille, 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. ur ging private entities that provide services to the general public, including through the i nternet, to provide information and services in accessible and usable formats for persons with disabilities; d. en couraging 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. miolo_constitution_versao_camara.indd 403 17/6/2010 15:01:19 Constitution of the Federative Republic of Brazil 404 aRti C le 22 r espect for privacy 1. no person with disabilities, regardless of place of residence or living arrangements, shall be subjected to arbitrary or unlawful interference with his or her privacy, family, home or correspondence or other types of communication or to unlawful attacks on his or her honour and reputation. p ersons with disabilities have the right to the protection of the law against such interference or attacks. 2. st ates pa rties shall protect the privacy of personal, health and rehabilitation information of persons with disabilities on an equal basis with others. aRti C le 23 r espect for home and the family 1. States Parties shall take effective and appropriate measures to eliminate discrimination against persons with disabilities in all matters relating to marriage, family, parenthood and relationships, on an equal basis with others, so as to ensure that: a. t he right of all persons with disabilities who are of marriageable age to marry and to found a family on the basis of free and full consent of the intending spouses is recognized; b. t he rights of persons with disabilities to decide freely and responsibly on the number and spacing of their children and to have access to age-appropriate information, reproductive and family planning education are recognized, and the means necessary to enable them to exercise these rights are provided; c. p ersons with disabilities, including children, retain their fertility on an equal basis with others. 2. st ates pa rties shall ensure the rights and responsibilities of persons with disabilities, with regard to guardianship, wardship, trusteeship, adoption of children or similar institutions, where these concepts exist in national legislation; in all cases the best interests of the child shall be paramount. st ates pa rties shall render appropriate assistance to persons with disabilities in the performance of their child-rearing responsibilities. 3. s tates p arties shall ensure that children with disabilities have equal rights with respect to family life. With a view to realizing these rights, and to prevent concealment, abandonment, neglect and segregation of children with disabilities, st ates pa rties shall undertake to provide early and comprehensive information, services and support to children with disabilities and their families. 4. s tates p arties shall ensure that a child shall not be separated from his or her parents against their will, except when competent authorities subject to judicial review determine, in accordance with applicable law and procedures, that such separation is necessary for the best interests of the child. i n no case shall a child be separated from parents on the basis of a disability of either the child or one or both of the parents. miolo_constitution_versao_camara.indd 404 17/6/2010 15:01:19 405 International Acts5. states p arties shall, where the immediate family is unable to care for a child with disabilities, undertake every effort to provide alternative care within the wider family, and failing that, within the community in a family setting. aRti C le 24 e ducation 1. States Parties recognize the right of persons with disabilities to education. With a view to realizing this right without discrimination and on the basis of equal opportunity, s tates p arties shall ensure an inclusive education system at all levels and life long learning directed to: a. t he 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. th e development by persons with disabilities of their personality, talents and creativity, as well as their mental and physical abilities, to their fullest potential; c. e nabling persons with disabilities to participate effectively in a free society. 2. In realizing this right, States Parties shall ensure that:a. p ersons 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. pe rsons 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. pe rsons with disabilities receive the support required, within the general education system, to facilitate their effective education; e. E ffective individualized support measures are provided in environments that maximize academic and social development, consistent with the goal of full inclusion. 3. st ates pa rties shall enable persons with disabilities to learn life and social development skills to facilitate their full and equal participation in education and as members of the community. To this end, States Parties shall take appropriate measures, including: a. f acilitating the learning of b raille, alternative script, augmentative and alternative modes, means and formats of communication and orientation and mobility skills, and facilitating peer support and mentoring; miolo_constitution_versao_camara.indd 405 17/6/2010 15:01:19 Constitution of the Federative Republic of Brazil 406 b. fa cilitating the learning of sign language and the promotion of the linguistic identity of the deaf community; c. e nsuring that the education of persons, and in particular children, who are blind, deaf or deafblind, is delivered in the most appropriate languages and modes and means of communication for the individual, and in environments which maximize academic and social development. 4. In order to help ensure the realization of this right, States Parties shall take appropriate measures to employ teachers, including teachers with disabilities, who are qualified in sign language and/or Braille, and to train professionals and staff who work at all levels of education. Such training shall incorporate disability awareness and the use of appropriate augmentative and alternative modes, means and formats of communication, educational techniques and materials to support persons with disabilities. 5. s tates p arties shall ensure that persons with disabilities are able to access general tertiary education, vocational training, adult education and lifelong learning without discrimination and on an equal basis with others. to this end, st ates pa rties shall ensure that reasonable accommodation is provided to persons with disabilities. aRti C le 25 h ealth 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 access for persons with disabilities to health services that are gender-sensitive, including health-related rehabilitation. In particular, States Parties shall: a. p rovide 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. P rovide 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. r equire 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; miolo_constitution_versao_camara.indd 406 17/6/2010 15:01:19 407 International Actse. prohibit discrimination against persons with disabilities in the provision of health i nsurance, 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. aRti C le 26 h abilitation and rehabilitation 1. States Parties shall take effective and appropriate measures, including through peer support, to enable persons with disabilities to attain and maintain maximum independence, full physical, mental, social and vocational ability, and full inclusion and participation in all aspects of life. To that end, States Parties shall organize, strengthen and extend comprehensive habilitation and rehabilitation services and programmes, particularly in the areas of health, employment, education and social services, in such a way that these services and programmes: a. be gin at the earliest possible stage, and are based on the multidisciplinary assessment of individual needs and strengths;b. s upport participation and inclusion in the community and all aspects of society, are voluntary, and are available to persons with disabilities as close as possible to their own communities, including in rural areas. 2. s tates p arties shall promote the development of initial and continuing training for professionals and staff working in habilitation and rehabilitation services.3. States Parties shall promote the availability, knowledge and use of assistive devices and technologies, designed for persons with disabilities, as they relate to habilitation and rehabilitation. aRti C le 27 Work and employment 1. States Parties recognize the right of persons with disabilities to work, on an equal basis with others; this includes the right to the opportunity to gain a living by work freely chosen or accepted in a labour market and work environment that is open, inclusive and accessible to persons with disabilities. s tates p arties shall safeguard and promote the realization of the right to work, including for those who acquire a disability during the course of employment, by taking appropriate steps, including through legislation, to, inter alia: a. pr ohibit discrimination on the basis of disability with regard to all matters concerning all forms of employment, including conditions of recruitment, hiring and employment, continuance of employment, career advancement and safe and healthy working conditions; miolo_constitution_versao_camara.indd 407 17/6/2010 15:01:19 Constitution of the Federative Republic of Brazil 408 b. protect the rights of persons with disabilities, on an equal basis with others, to j ust and favourable conditions of work, including equal opportunities and equal remuneration for work of equal value, safe and healthy working conditions, including protection from harassment, and the redress of grievances; c. e nsure that persons with disabilities are able to exercise their labour and trade union rights on an equal basis with others; d. e nable persons with disabilities to have effective access to general technical and vocational guidance programmes, placement services and vocational and continuing training; e. pr omote employment opportunities and career advancement for persons with disabilities in the labour market, as well as assistance in finding, obtaining, maintaining and returning to employment; f. p romote opportunities for self-employment, entrepreneurship, the development of cooperatives and starting one’s own business; g. Employ persons with disabilities in the public sector; h. p romote 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. e nsure that reasonable accommodation is provided to persons with disabilities in the workplace; j. Promote the acquisition by persons with disabilities of work experience in the open labour market; k. Promote vocational and professional rehabilitation, job retention and return-to- work programmes for persons with disabilities. 2. s tates p arties shall ensure that persons with disabilities are not held in slavery or in servitude, and are protected, on an equal basis with others, from forced or compulsory labour. aRti C le 28 a dequate 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 steps to safeguard 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 that right without discrimination on the basis of disability, miolo_constitution_versao_camara.indd 408 17/6/2010 15:01:19 409 International Actsand 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 s tate with disability-related expenses, including adequate training, counselling, financial assistance and respite care; d. T o ensure access by persons with disabilities to public housing programmes; e. T o ensure equal access by persons with disabilities to retirement benefits and programmes. aRti C le 29 p articipation in political and public life st ates pa rties shall guarantee to persons with disabilities political rights and the opportunity to enjoy them on an equal basis with others, and shall undertake to:a. en sure that persons with disabilities can effectively and fully participate in political and public life on an equal basis with others, directly or through freely chosen representatives, including the right and opportunity for persons with disabilities to vote and be elected, inter alia, by: i. en suring that voting procedures, facilities and materials are appropriate, accessible and easy to understand and use; ii. p rotecting the right of persons with disabilities to vote by secret ballot in elections and public referendums without intimidation, and to stand for elections, to effectively hold office and perform all public functions at all levels of government, facilitating the use of assistive and new technologies where appropriate; iii. G uaranteeing the free expression of the will of persons with disabilities as electors and to this end, where necessary, at their request, allowing assistance in voting by a person of their own choice; b. pr omote actively an environment in which persons with disabilities can effectively and fully participate in the conduct 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 concerned with the public and political life of the country, and in the activities and administration of political parties; miolo_constitution_versao_camara.indd 409 17/6/2010 15:01:19 Constitution of the Federative Republic of Brazil 410 ii. F orming and joining organizations of persons with disabilities to represent persons with disabilities at international, national, regional and local levels. aRti C le 30 p articipation in cultural life, recreation, leisure and sport 1. 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. 2. 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 . 3. States Parties shall take all appropriate steps, in accordance with international law, to ensure that laws protecting intellectual property rights do not constitute an unreasonable or discriminatory barrier to access by persons with disabilities to cultural materials. 4. pe rsons with disabilities shall be entitled, on an equal basis with others, to recognition and support of their specific cultural and linguistic identity, including sign languages and deaf culture. 5. With a view to enabling persons with disabilities to participate on an equal basis with others in recreational, leisure and sporting activities, States Parties shall take appropriate measures: a. to encourage and promote the participation, to the fullest extent possible, of persons with disabilities in mainstream sporting activities at all levels; b. T o ensure that persons with disabilities have an opportunity to organize, develop and participate in disability-specific sporting and recreational activities and, to this end, encourage the provision, on an equal basis with others, of appropriate instruction, training and resources; c. to ensure that persons with disabilities have access to sporting, recreational and tourism venues; d. to ensure that children with disabilities have equal access with other children to participation in play, recreation and leisure and sporting activities, including those activities in the school system; miolo_constitution_versao_camara.indd 410 17/6/2010 15:01:19 411 International Actse. to ensure that persons with disabilities have access to services from those involved in the organization of recreational, tourism, leisure and sporting activities. aRti C le 31 s tatistics and data collection 1. States Parties undertake to collect appropriate information, including statistical and research data, to enable them to formulate and implement policies to give effect to the present Convention. The process of collecting and maintaining this information shall: a. co mply with legally established safeguards, including legislation on data protection, to ensure confidentiality and respect for the privacy of persons with disabilities; b. co mply with internationally accepted norms to protect human rights and fundamental freedoms and ethical principles in the collection and use of statistics. 2. t he information collected in accordance with this article shall be disaggregated, as appropriate, and used to help assess the implementation of States Parties’ obligations under the present co nvention and to identify and address the barriers faced by persons with disabilities in exercising their rights. 3. s tates p arties shall assume responsibility for the dissemination of these statistics and ensure their accessibility to persons with disabilities and others. aRti C le 32 i nternational cooperation 1. States Parties recognize the importance of international cooperation and its promotion, in support of national efforts for the realization of the purpose and objectives of the present Convention, and will undertake appropriate and effective measures in this regard, between and among s tates and, as appropriate, in partnership with relevant international and regional organizations and civil society, in particular organizations of persons with disabilities. Such measures could include, inter alia: a. en suring that international cooperation, including international development programmes, is inclusive of and accessible to persons with disabilities; b. fa cilitating and supporting capacity-building, including through the exchange and sharing of information, experiences, training programmes and best practices; c. fa cilitating cooperation in research and access to scientific and technical knowledge; d. pr oviding, as appropriate, technical and economic assistance, including by facilitating access to and sharing of accessible and assistive technologies, and through the transfer of technologies. 2. The provisions of this article are without prejudice to the obligations of each State Party to fulfil its obligations under the present Convention. miolo_constitution_versao_camara.indd 411 17/6/2010 15:01:20 Constitution of the Federative Republic of Brazil 412 aRti C le 33 n ational implementation and monitoring 1. States Parties, in accordance with their system of organization, shall designate one or more focal points within government for matters relating to the implementation of the present c onvention, and shall give due consideration to the establishment or designation of a coordination mechanism within government to facilitate related action in different sectors and at different levels. 2. st ates pa rties shall, in accordance with their legal and administrative systems, maintain, strengthen, designate or establish within the State Party, a framework, including one or more independent mechanisms, as appropriate, to promote, protect and monitor implementation of the present Convention. When designating or establishing such a mechanism, States Parties shall take into account the principles relating to the status and functioning of national institutions for protection and promotion of human rights. 3. ci vil society, in particular persons with disabilities and their representative organizations, shall be involved and participate fully in the monitoring process. aRti C le 34 c ommittee on the r ights of p ersons with d isabilities 1. t here shall be established a c ommittee on the r ights of p ersons with d isabilities (hereafter referred to as “the co mmittee”), which shall carry out the functions hereinafter provided.2. th e co mmittee shall consist, at the time of entry into force of the present Convention, of twelve experts. After an additional sixty ratifications or accessions to the c onvention, the membership of the c ommittee shall increase by six members, attaining a maximum number of eighteen members. 3. th e members of the co mmittee shall serve in their personal capacity and shall be of high moral standing and recognized competence and experience in the field covered by the present Convention. When nominating their candidates, States Parties are invited to give due consideration to the provision set out in article 4.3 of the present c onvention. 4. t he members of the c ommittee shall be elected by s tates p arties, consideration being given to equitable geographical distribution, representation of the different forms of civilization and of the principal legal systems, balanced gender representation and participation of experts with disabilities. 5. t he members of the c ommittee shall be elected by secret ballot from a list of persons nominated by the s tates p arties from among their nationals at meetings of the c onference of s tates p arties. a t those meetings, for which two thirds of s tates p arties shall constitute a quorum, the persons elected to the c ommittee shall be those who obtain the largest number of votes and an absolute majority of the votes of the representatives of s tates p arties present and voting. miolo_constitution_versao_camara.indd 412 17/6/2010 15:01:20 413 International Acts6. the initial election shall be held no later than six months after the date of entry into force of the present c onvention. a t least four months before the date of each election, the s ecretary-General of the u nited n ations shall address a letter to the s tates p arties inviting them to submit the nominations within two months. t he s ecretary-General shall subsequently prepare a list in alphabetical order of all persons thus nominated, indicating the s tate p arties which have nominated them, and shall submit it to the s tates p arties to the present c onvention. 7. The members of the Committee shall be elected for a term of four years. They shall be eligible for re-election once. h owever, the term of six of the members elected at the first election shall expire at the end of two years; immediately after the first election, the names of these six members shall be chosen by lot by the chairperson of the meeting referred to in paragraph 5 of this article. 8. th e election of the six additional members of the co mmittee shall be held on the occasion of regular elections, in accordance with the relevant provisions of this article.9. i f a member of the c ommittee dies or resigns or declares that for any other cause she or he can no longer perform her or his duties, the s tate p arty which nominated the member shall appoint another expert possessing the qualifications and meeting the requirements set out in the relevant provisions of this article, to serve for the remainder of the term. 10. t he c ommittee shall establish its own rules of procedure. 11. t he s ecretary-General of the u nited n ations shall provide the necessary staff and facilities for the effective performance of the functions of the c ommittee under the present c onvention, and shall convene its initial meeting. 12. With the approval of the General Assembly, the members of the Committee established under the present co nvention shall receive emoluments from un ited n ations resources on such terms and conditions as the a ssembly may decide, having regard to the importance of the Committee’s responsibilities. 13. t he members of the c ommittee shall be entitled to the facilities, privileges and immunities of experts on mission for the u nited n ations as laid down in the relevant sections of the c onvention on the p rivileges and i mmunities of the u nited n ations. aRti C le 35 r eports by s tates p arties 1. e ach s tate p arty shall submit to the c ommittee, through the s ecretary-General of the United Nations, a comprehensive report on measures taken to give effect to its obligations under the present c onvention and on the progress made in that regard, within two years after the entry into force of the present c onvention for the s tate p arty concerned. 2. t hereafter, s tates p arties shall submit subsequent reports at least every four years and further whenever the c ommittee so requests. miolo_constitution_versao_camara.indd 413 17/6/2010 15:01:20 Constitution of the Federative Republic of Brazil 414 3. th e co mmittee shall decide any guidelines applicable to the content of the reports. 4. a s tate p arty which has submitted a comprehensive initial report to the c ommittee need not, in its subsequent reports, repeat information previously provided. When preparing reports to the c ommittee, s tates p arties 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 c onvention. 5. Reports may indicate factors and difficulties affecting the degree of fulfilment of obligations under the present c onvention. aRti C le 36 c onsideration of reports 1. Each report shall be considered by the Committee, which shall make such suggestions and general recommendations on the report as it may consider appropriate and shall forward these to the s tate p arty concerned. t he s tate p arty may respond with any information it chooses to the co mmittee. th e co mmittee may request further information from s tates p arties relevant to the implementation of the present c onvention. 2. If a State Party is significantly overdue in the submission of a report, the Committee may notify the st ate pa rty concerned of the need to examine the implementation of the present co nvention in that st ate pa rty, on the basis of reliable information available to the c ommittee, if the relevant report is not submitted within three months following the notification. The Committee shall invite the State Party concerned to participate in such examination. s hould the s tate p arty respond by submitting the relevant report, the provisions of paragraph 1 of this article will apply. 3. The Secretary-General of the United Nations shall make available the reports to all s tates p arties. 4. States Parties shall make their reports widely available to the public in their own countries and facilitate access to the suggestions and general recommendations relating to these reports. 5. The Committee shall transmit, as it may consider appropriate, to the specialized agencies, funds and programmes of the u nited n ations, and other competent bodies, reports from st ates pa rties in order to address a request or indication of a need for technical advice or assistance contained therein, along with the Committee’s observations and recommendations, if any, on these requests or indications. aRti C le 37 c ooperation between s tates p arties and the c ommittee 1. e ach s tate p arty shall cooperate with the c ommittee and assist its members in the fulfilment of their mandate. miolo_constitution_versao_camara.indd 414 17/6/2010 15:01:20 415 International Acts2. in its relationship with st ates pa rties, the co mmittee shall give due consideration to ways and means of enhancing national capacities for the implementation of the present co nvention, including through international cooperation. a Rt iCl e 38 re lationship of the co mmittee with other bodies in order to foster the effective implementation of the present co nvention and to encourage international cooperation in the field covered by the present Convention: a. The specialized agencies and other United Nations organs shall be entitled to be represented at the consideration of the implementation of such provisions of the present c onvention as fall within the scope of their mandate. t he c ommittee may invite the specialized agencies and other competent bodies as it may consider appropriate to provide expert advice on the implementation of the c onvention in areas falling within the scope of their respective mandates. The Committee may invite specialized agencies and other u nited n ations organs to submit reports on the implementation of the Convention in areas falling within the scope of their activities; b. th e co mmittee, 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. a Rt iCl e 39 re port of the co mmittee th e co mmittee shall report every two years to the General as sembly 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 st ates pa rties. su ch suggestions and general recommendations shall be included in the report of the co mmittee together with comments, if any, from st ates pa rties. a Rt iCl e 40 co nference of st ates pa rties 1. th e st ates pa rties shall meet regularly in a co nference of st ates pa rties in order to consider any matter with regard to the implementation of the present co nvention. 2. no later than six months after the entry into force of the present co nvention, the co nference of the st ates pa rties shall be convened by the se cretary-General of the un ited na tions. th e subsequent meetings shall be convened by the se cretary- General of the un ited na tions biennially or upon the decision of the co nference of st ates pa rties. miolo_constitution_versao_camara.indd 415 17/6/2010 15:01:20 Constitution of the Federative Republic of Brazil 416 aRti C le 41 d epositary t he s ecretary-General of the u nited n ations shall be the depositary of the present c onvention. aRti C le 42 s ignature t he present c onvention shall be open for signature by all s tates and by regional integration organizations at United Nations Headquarters in New York as of 30 March 2007. aRti C le 43 c onsent to be bound The present Convention shall be subject to ratification by signatory States and to formal confirmation by signatory regional integration organizations. It shall be open for accession by any State or regional integration organization which has not signed the c onvention. aRti C le 44 Regional integration organizations 1. “Regional integration organization” shall mean an organization constituted by sovereign st ates of a given region, to which its member st ates have transferred competence in respect of matters governed by this Convention. Such organizations shall declare, in their instruments of formal confirmation or accession, the extent of their competence with respect to matters governed by this c onvention. s ubsequently, they shall inform the depositary of any substantial modification in the extent of their competence. 2. re ferences to “ st ates pa rties” in the present co nvention shall apply to such organizations within the limits of their competence.3. For the purposes of article 45, paragraph 1, and article 47, paragraphs 2 and 3, any instrument deposited by a regional integration organization shall not be counted. 4. Regional integration organizations, in matters within their competence, may exercise their right to vote in the c onference of s tates p arties, with a number of votes equal to the number of their member s tates that are p arties to this c onvention. s uch an organization shall not exercise its right to vote if any of its member States exercises its right, and vice versa. aRti C le 45 e ntry into force 1. t he present c onvention shall enter into force on the thirtieth day after the deposit of the twentieth instrument of ratification or accession. miolo_constitution_versao_camara.indd 416 17/6/2010 15:01:20 417 International Acts2. For each State or regional integration organization ratifying, formally confirming or acceding to the c onvention after the deposit of the twentieth such instrument, the c onvention shall enter into force on the thirtieth day after the deposit of its own such instrument. aRti C le 46 r eservations 1. Reservations incompatible with the object and purpose of the present Convention shall not be permitted. 2. r eservations may be withdrawn at any time. aRti C le 47 a mendments 1. a ny s tate p arty may propose an amendment to the present c onvention and submit it to the se cretary-General of the un ited na tions. th e se cretary-General shall communicate any proposed amendments to States Parties, with a request to be notified whether they favour a conference of s tates p arties for the purpose of considering and deciding upon the proposals. i n the event that, within four months from the date of such communication, at least one third of the s tates p arties favour such a conference, the s ecretary-General shall convene the conference under the auspices of the u nited Nations. Any amendment adopted by a majority of two thirds of the States Parties present and voting shall be submitted by the se cretary-General to the General a ssembly for approval and thereafter to all s tates p arties for acceptance. 2. an amendment adopted 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 st ates pa rties at the date of adoption of the amendment. th ereafter, the amendment shall enter into force for any st ate pa rty on the thirtieth day following the deposit of its own instrument of acceptance. an amendment shall be binding only on those st ates pa rties which have accepted it. 3. i f so decided by the c onference of s tates p arties by consensus, an amendment adopted and approved in accordance with paragraph 1 of this article which relates exclusively to articles 34, 38, 39 and 40 shall enter into force for all s tates p arties on the thirtieth day after the number of instruments of acceptance deposited reaches two thirds of the number of s tates p arties at the date of adoption of the amendment. aRti C le 48 d enunciation A State Party may denounce the present Convention by written notification to the s ecretary-General of the u nited n ations. t he denunciation shall become effective one year after the date of receipt of the notification by the Secretary-General. miolo_constitution_versao_camara.indd 417 17/6/2010 15:01:20 Constitution of the Federative Republic of Brazil 418 aRti C le 49 a ccessible format t he text of the present c onvention shall be made available in accessible formats. aRti C le 50 a uthentic texts th e ar abic, ch inese, en glish, fr ench, ru ssian and sp anish texts of the present c onvention shall be equally authentic. In witness thereof the undersigned plenipotentiaries, being duly authorized thereto by their respective Governments, have signed the present c onvention. Source: Annex 1, Final report of the Ad Hoc Committee on a Comprehensive and i ntegral i nternational c onvention on the p rotection and p romotion of the r ights and d ignity of p ersons with d isabilities miolo_constitution_versao_camara.indd 418 17/6/2010 15:01:20 419 International ActsoPtional P Roto Col to t He Con V ention on t H e Ri GH ts of Pe R sons W it H Disabilities The States Parties to the present Protocol have agreed as follows : aRti C le 1 1. A State Party to the present Protocol (“State Party”) recognizes the competence of the c ommittee on the r ights of p ersons with d isabilities (“the c ommittee”) to receive and consider communications from or on behalf of individuals or groups of individuals subject to its jurisdiction who claim to be victims of a violation by that s tate p arty of the provisions of the c onvention. 2. n o communication shall be received by the c ommittee if it concerns a s tate p arty to the c onvention that is not a party to the present p rotocol. aRti C le 2 The Committee shall consider a communication inadmissible when: (a) The communication is anonymous; (b) th e communication constitutes an abuse of the right of submission of such communications or is incompatible with the provisions of the Convention; (c) th e same matter has already been examined by the co mmittee or has been or is being examined under another procedure of international investigation or settlement; (d) a ll available domestic remedies have not been exhausted. t his shall not be the rule where the application of the remedies is unreasonably prolonged or unlikely to bring effective relief; (e) It is manifestly ill-founded or not sufficiently substantiated; or when (f) The facts that are the subject of the communication occurred prior to the entry into force of the present p rotocol for the s tate p arty concerned unless those facts continued after that date. aRti C le 3 Subject to the provisions of article 2 of the present Protocol, the Committee shall bring any communications submitted to it confidentially to the attention of the State Party. Within six months, the receiving State shall submit to the Committee written miolo_constitution_versao_camara.indd 419 17/6/2010 15:01:20 Constitution of the Federative Republic of Brazil 420 explanations or statements clarifying the matter and the remedy, if any, that may have been taken by that State. aRti C le 4 1. a t any time after the receipt of a communication and before a determination on the merits has been reached, the c ommittee may transmit to the s tate p arty concerned for its urgent consideration a request that the State Party take such interim measures as may be necessary to avoid possible irreparable damage to the victim or victims of the alleged violation. 2. Where the Committee exercises its discretion under paragraph 1 of this article, this does not imply a determination on admissibility or on the merits of the communication. aRti C le 5 t he c ommittee shall hold closed meetings when examining communications under the present pr otocol. af ter examining a communication, the co mmittee shall forward its suggestions and recommendations, if any, to the s tate p arty concerned and to the petitioner. aRti C le 6 1. if the co mmittee receives reliable information indicating grave or systematic violations by a s tate p arty of rights set forth in the c onvention, the c ommittee shall invite that s tate p arty to cooperate in the examination of the information and to this end submit observations with regard to the information concerned. 2. Taking into account any observations that may have been submitted by the State pa rty concerned as well as any other reliable information available to it, the co mmittee may designate one or more of its members to conduct an inquiry and to report urgently to the Committee. Where warranted and with the consent of the State Party, the inquiry may include a visit to its territory. 3. After examining the findings of such an inquiry, the Committee shall transmit these findings to the State Party concerned together with any comments and recommendations. 4. The State Party concerned shall, within six months of receiving the findings, comments and recommendations transmitted by the co mmittee, submit its observations to the c ommittee. 5. Such an inquiry shall be conducted confidentially and the cooperation of the State p arty shall be sought at all stages of the proceedings. aRti C le 7 1. t he c ommittee may invite the s tate p arty concerned to include in its report under