A/HRC/43/41/Add.2
B.
Recommendations
General
91.
The Special Rapporteur recommends that the Government:
(a)
Ensure that all public policies, including disability-specific policies,
adopt a human rights-based approach to disability and remove barriers that impede
the effective and full participation of persons with disabilities on an equal basis with
others;
(b)
Increase the awareness, knowledge and capacity of all government
officials, civil servants, service providers and civil society representatives to
implement articles 4 (1) and 8 of the Convention and engage in a broad-ranging public
awareness campaign on the Convention and the rights-based approach to disability.
Legal and policy framework
92.
The Special Rapporteur recommends that the Government:
(a)
Ratify the International Convention on the Protection of the Rights of
All Migrant Workers and Members of Their Families, the International Convention
for the Protection of All Persons from Enforced Disappearance, the Optional Protocol
to the Convention against Torture and Other Cruel, Inhuman or Degrading
Treatment or Punishment, the Optional Protocol to the International Covenant on
Economic, Social and Cultural Rights, the Optional Protocol to the Convention on the
Rights of the Child on a communications procedure, the American Convention on
Human Rights and its Protocols, the Inter-American Convention on the Elimination
of All Forms of Discrimination against Persons with Disabilities and the InterAmerican Convention on Protecting the Human Rights of Older Persons;
(b)
Withdraw its reservation to article 12 (4) of the Convention on the
Rights of Persons with Disabilities;
(c)
Conduct a comprehensive legislative review to fully harmonize the
federal, provincial and territorial normative frameworks with the provisions of the
Convention, including by revising legislation on legal capacity, access to justice,
mental health and community treatment orders;
(d)
Enable full implementation of the right to legal capacity of persons with
disabilities and repeal all forms of substitute decision-making;
(e)
Adopt a pan-Canadian strategy or framework to coordinate the
implementation of the Convention at the federal, provincial and territorial levels;
(f)
Take measures to ensure that indigenous persons with disabilities have
access to culturally-sensitive, quality services and programmes;
(g)
Provide the Canadian Human Rights Commission with appropriate
financial and human resources to implement its new mandate as national independent
monitoring mechanism in line with article 33 (2) of the Convention and encourage
provinces and territories to designate independent monitoring mechanisms in their
respective jurisdictions;
(h)
Collect data on the situation of indigenous persons with disabilities and
persons with disabilities placed in institutions.
Accessibility
93.
The Special Rapporteur recommends that the Government:
(a)
Ensure access to persons with disabilities, on an equal basis with others,
to the physical environment, to transportation and to information and
communications technologies;
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