A/HRC/10/48 page 11 review has so far resulted in the adoption or amendment of legislation, it is essential to underline that given the scope of the Convention, this review needs to be comprehensive and extend to areas of the law that go beyond the traditional scope of disability-related legislation.31 The good practice of some countries that have reviewed both criminal and civil laws including laws regulating accessibility, elections, immigration and citizenship, administration of justice, detention and prisons, insurance, education, employment, health, mental health and compulsory assessment and treatment, guardianship and legal personality, welfare and pensions regulations, for example, is noted.32 The participation of civil society organizations and in particular of organizations of persons with disabilities in such a review is required by the Convention. In some cases, civil society organizations have specifically highlighted their concern at the lack of initiative of the State party in the area of legal reform. E. The content of legislative measures 32. The mandate entrusted to OHCHR by the Human Rights Council in resolution 7/9 focuses the scope of this study on legal measures such as those related to equality and non-discrimination for the purpose of enhancing “awareness and understanding of the Convention on the Rights of Persons with Disabilities”. 33. In all cases, it should be noted that the Convention sets out the obligations on States parties in relation to civil, cultural, economic, political and social rights. While the Convention does not recognize any new human right of persons with disabilities, it clarifies the application of existing rights to the specific situation of persons with disabilities. 34. The following sections treat selected provisions of the Convention in order to highlight legal measures that might be required in these areas for compliance with the Convention. As it is not possible to cover all articles comprehensively, they should be taken as illustrative examples of the reforms required by the Convention. The choice of provisions to address in the context of this study has been made on the basis of the contributions provided by States, national human rights institutions, civil society and organizations of persons with disabilities in the course of the consultations for this study. Where recommendations for legal reform are made, they should be read in the light of article 4, paragraph 4, of the Convention, which makes it clear that the Convention does not undermine or replace higher standards of protection that might be provided for in national legislation. 31 By referring to the traditional scope of disability-related legislation, reference is made to legislation based on a medical understanding of disability and primarily focusing on areas of health, prevention of disability, rehabilitation and social welfare. 32 See for example the Treaty National Interest Analysis conducted by Australia, available at: www.austlii.edu.au/au/other/dfat/nia/2008/18.html; or the one conducted by New Zealand, available at: http://www.odi.govt.nz/documents/convention/2008-06-24-national-interestanalysis.doc.

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