http://www.conferencemontreal2004paho-who.com/index.php?langChange=true&langC=en&section_id=2

http://www.minsa.gob.pe/portalminsa/destacados/archivos/40/D%C3%A9claration%20de%20Montr%C3%A9al%20espagnol.pdf
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Déclaration de Montréal sur la déficience intellectuelle
Declaración de Montreal sobre la discapacidad intelectual
Montreal Declaration on Intellectual Disability
Proposal: The Montreal Declaration on Intellectual Disability :
Wednesday October 4th 2004
Affirming that persons with intellectual disabilities, as other human beings, are
entitled to basic human rights and fundamental freedoms, as embedded in many
existing international declarations, conventions, and standards;
Exhorting the members States of the Organization of American States (OAS) to
make effective the provisions of the Inter-American Convention on Elimination of
All Forms of Discrimination against Persons with Disabilities;
Desiring to address the historical disadvantages and barriers facing persons with
intellectual disabilities and mindful of the need to alleviate the negative impact of
poverty on the conditions of persons with intellectual disabilities;
Mindful that persons with intellectual disabilities have often been excluded from
decisions about their human rights, health and well-being, and that guardianship
laws have historically been used to deny people with intellectual disabilities their
right to make decisions;
Concerned that the freedom of persons with intellectual disabilities to make their
own choices has frequently been unrecognized, ignored, abused or removed;
Supporting the mandate of the UN Ad Hoc Committee to prepare a Comprehensive
and Integral International Convention to Promote and Protect the Rights and
Dignity of Persons with Disabilities;
Acknowledging the importance of a human rights approach to health, well-being
and disability; and
Recognizing the needs of persons with intellectual disabilities and their aspirations
to be fully included and valued as equal citizens, as established in the Managua
Declaration of 1993; and
Mindful of the significant importance of international cooperation in order to promote
better conditions for the exercise and full enjoyment of human rights and
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Déclaration de Montréal sur la déficience intellectuelle
Declaración de Montreal sobre la discapacidad intelectual
Montreal Declaration on Intellectual Disability
fundamental freedoms of persons with intellectual disabilities,
We
Persons with intellectual and other disabilities, families, representatives of persons
with intellectual disabilities, intellectual disability specialists, health specialists and
other specialists from the disability field, State representatives, services providers
and managers, advocates, legislators and lawyers, assembled at the PAHO/WHO
International Conference on Intellectual Disability, held in Montreal on October 5th
and 6th 2004, together
DECLARE THAT:
1. Persons with intellectual disabilities, as other human beings, are born free and
equal in dignity and rights.
2. Like all other human characteristics, intellectual disabilities are an integral part
of the human experience and diversity. Intellectual disabilities are understood
differently by cultures, and thus require the international community to respect
its universal values of dignity, self-determination, equality and justice for all.
3. States have the obligation to protect, fulfill and ensure that all civil, political,
economic, social and cultural rights, and fundamental freedoms of persons with
intellectual disabilities are exercised in accordance with national laws, and international
human rights conventions, declarations and standards. States
therefore have the obligation to protect persons with intellectual disabilities
against medical or scientific experimentation without their knowledgeable and
unconstrained consent, or any form of violence, abuse, discrimination, segregation,
stigmatization, exploitation, cruel, inhuman or degrading treatment or
punishment.
4. Human rights are indivisible, universal, interdependent and inter-connected.
Therefore, the right to the highest possible level of health and well being is inter-
connected with other civil, political, economic, social, and cultural rights
and freedoms. For persons with intellectual disabilities, as for other persons,
the exercise of the right to health requires social inclusion, an adequate standard
of living, access to inclusive education, access to work justly compensated
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Déclaration de Montréal sur la déficience intellectuelle
Declaración de Montreal sobre la discapacidad intelectual
Montreal Declaration on Intellectual Disability
and access to community services.
5.
a. All persons with intellectual disabilities are full citizens, equal before and
under the law, entitled to exercise their rights on the basis of respect for
differences and their individual choices.
b. Equality is thus not only of opportunity, but may also require, when persons
with intellectual disabilities chose so, appropriate measures, positive
actions, accommodations or supports. States must guarantee the presence,
the availability, the access and the enjoyment of adequate services
based on the needs and the free and informed consent of persons with intellectual
disabilities.
c. The respect of human rights and fundamental freedoms of persons with
intellectual disabilities requires their full community inclusion. As such, all
persons with intellectual disabilities must have access to education, training
and information with regard to their rights and obligations.
6.
a. People with intellectual disabilities have the same right as other people to
make decisions about their own lives. Even people who have difficulty
making choices, formulating decisions and communicating their preferences
can make positive choices and decisions that further their personal
development, relationships and participation in their communities. Consistent
with the duty to accommodate in paragraph 5b, people with intellectual
disabilities should be supported to make their choices and decisions,
to communicate them and to have them respected. Accordingly, where
individuals have difficulty making independent choices and decisions, laws
and policies should promote and recognize supported decision-making.
States should provide the services and the necessary support to facilitate
persons with intellectual disabilities in making meaningful decisions about
their own lives.
b. Under no circumstance should an individual with an intellectual disability
be considered completely incompetent to make decisions because of his or
her disability. It is only under the most extraordinary of circumstances
Montréal, 6 octobre 2004 3
that the legal right of persons with intellectual disabilities to make their
own decisions can be lawfully interrupted. Any such interruption can only
be for a limited period of time, subject to periodic review and, with respect
to those specific decisions for which the individual has been found by an
independent authority, to lack legal capacity.
c. That independent authority must find by clear and convincing evidence
that, even with adequate and appropriate supports, all less restrictive alternatives
to the appointment of a surrogate decision-maker have been
exhausted. That authority must be guided by due process, including the
individual’s right: to notice; to be heard; to present evidence; to identify
experts to testify on his or her behalf; to be represented by one or more
well-informed individuals who he or she trusts and chooses; to challenge
any evidence at the hearing; and to appeal any adverse finding to a
higher court. Any surrogate decision-maker must take account of the person’s
preferences and strive to make the decisions that the person with an
intellectual disability would make if he or she were able to do so.
To this end, we, the participants at the Montreal PAHO/WHO Conference on Intellectual
Disability, in solidarity of efforts already taken at the national and international
levels, do jointly and individually
AGREE
7. To support and defend the rights of persons with intellectual disabilities; to disseminate
the international human rights conventions, declarations and standards
that protect the human rights and fundamental freedoms of persons with
intellectual disabilities; and to promote, or establish when they do not exist,
the integration of these rights into relevant national policies, legislations and
plans.
And
8. To support, promote and implement actions in the Americas furthering social
inclusion and participation of persons with intellectual disabilities through an
intersectorial approach involving the persons themselves, their families, their
social networks, and their communities.
Montréal, 6 octobre 2004
Déclaration de Montréal sur la déficience intellectuelle
Declaración de Montreal sobre la discapacidad intelectual
Montreal Declaration on Intellectual Disability
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Accordingly, we, the participants at the Montreal PAHO/WHO Conference on Intellectual
Disability,
CALL UPON:
9. The States:
a. To recognize that persons with intellectual disabilities are full citizens in
society;
b. To fulfill their obligations, given by national and international laws, to recognize
and protect the rights of persons with intellectual disabilities, to ensure
their involvement in the development and evaluation of any
law/policy/plan concerning them, and to assign the economic and administrative
resources required for the effective implementation of those laws.
c. To develop, establish and take the legislative, judicial, administrative and
educational means necessary in order to achieve the full inclusion of persons
with intellectual disabilities;
d. To provide to communities and to persons with intellectual disabilities and
their families the support needed for the exercise of their rights; promoting
and strengthening their organizations.
e. To develop and implement human rights education, training and information
programs to persons with intellectual disabilities.
Various social and civil actors:
f. To become actively involved in the respect, promotion and protection of
the human rights and fundamental freedoms of persons with intellectual
disabilities.
g. To vigilantly protect their dignity and physical, moral and psychological
integrity by the creation and maintenance of social conditions of openness
and non-stigmatization.
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Déclaration de Montréal sur la déficience intellectuelle
Declaración de Montreal sobre la discapacidad intelectual
Montreal Declaration on Intellectual Disability
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Persons with intellectual disabilities and their families:
h. To be aware that they share the same rights and freedoms as all other
human beings; that they are entitled to due process of law and that ultimately
they have the right to a legal recourse or any other effective recourse
to a competent court or tribunal for protection against acts that
violate their fundamental rights recognized by national laws and by international
law.
i. To make sure that they are involved in the development of all national
legislation/policy/plan that concerns them, as well as their ongoing
evaluation.
j. To work in collaboration with international, governmental and/or nongovernmental
disability organizations in order to mutually consolidate
and reinforce themselves at the national and international level for the
active promotion and defence of the fundamental rights of persons with a
disability.
International Organizations:
k. To integrate “intellectual disability” in their classifications, programs, areas
of work, and initiatives, in reference to “persons with intellectual disabilities”
and their families in order to ensure the full exercise of their
rights and determine the specific guidelines and actions in this area.
l. To collaborate with States, persons with intellectual disabilities, family
members, and non-governmental organizations representing them, to
dedicate resources and technical assistance to promote the goals of the
Montreal declaration, including support for full participation in society of
persons with intellectual disabilities and integrated models of community
services.
Montréal, 6 octobre 2004
Déclaration de Montréal sur la déficience intellectuelle
Declaración de Montreal sobre la discapacidad intelectual
Montreal Declaration on Intellectual Disability
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