Resolução da Assembleia da República n.º 57/2009, de 30 de Julho de 2009
Resoluçáo da Assembleia da República n. 57/2009
Aprova o Protocolo Opcional à Convençáo sobre os Direitos das Pessoas com Deficiência, adoptado em Nova Iorque em 30 de Março de 2007
A Assembleia da República resolve, nos termos da alínea i) do artigo 161. e do n. 5 do artigo 166. da Constituiçáo, aprovar o Protocolo Opcional à Convençáo sobre os Direitos das Pessoas com Deficiência, adoptado em Nova Iorque em 30 de Março de 2007, cujo texto, na versáo autenticada na língua inglesa, assim como a respectiva traduçáo para a língua portuguesa, se publicam em anexo.
Aprovada em 7 de Maio de 2009.
O Presidente da Assembleia da República, Jaime Gama.
4930 OPTIONAL PROTOCOL TO THE CONVENTION ON THE RIGHTS
OF PERSONS WITH DISABILITIES
The States Parties to the present Protocol have agreed as follows:
Article 1
1 - A State Party to the present Protocol («State Party») recognizes the competence of the Committee on the Rights of Persons with Disabilities («the Committee») 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 State Party of the provisions of the Convention.
2 - No communication shall be received by the Committee if it concerns a State Party to the Convention that is not a party to the present Protocol.
Article 2
The Committee shall consider a communication inadmissible when:
-
The communication is anonymous;
-
The communication constitutes an abuse of the right of submission of such communications or is incompatible with the provisions of the Convention;
-
The same matter has already been examined by the Committee or has been or is being examined under another procedure of international investigation or settlement;
-
All available domestic remedies have not been exhausted. This shall not be the rule where the application of the remedies is unreasonably prolonged or unlikely to bring effective relief;
-
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 Protocol for the State Party concerned unless those facts continued after that date.
Article 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 explanations or statements clarifying the matter and the remedy, if any, that may have been taken by that State.
Article 4
1 - At any time after the receipt of a communication and before a determination on the merits has been reached, the Committee may transmit to the State Party 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.
Article 5
The Committee shall hold closed meetings when examining communications under the present Protocol. After examining a communication, the Committee shall forward
its suggestions and recommendations, if any, to the State Party concerned and to the petitioner.
Article 6
1 - If the Committee receives reliable information indicating grave or systematic violations by a State Party of rights set forth in the Convention, the Committee shall invite that State Party 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 Party concerned as well as any other reliable information available to it, the Committee 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...
Para continuar a ler
PEÇA SUA AVALIAÇÃO