The government has revised Bhutan’s stance on the Convention on the Rights of Persons with Disabilities, amending three reservations and fully withdrawing one. Bhutan had originally adopted the convention with four reservations during the previous government’s term. The National Assembly yesterday conducted the Third Reading of the proposal to amend these reservations.
A working committee was established in May to review Bhutan’s reservations on the CRPD, as eleven countries have yet to ratify it.
One reservation concerned Article 23, which guarantees persons with disabilities, including children, the right to fertility. The Women, Children and Youth Committee said that maintaining this reservation conflicted with several national laws already upholding these rights.
Lhaba Lhaba, a member of Women Children Youth Committee, National Assembly said, “The reservation contradicts provisions in the Convention on the Elimination of All Forms of Discrimination against Women and the Convention on the Rights of the Child, both of which uphold the rights to marry freely, choose family life, and exercise fertility. Therefore, we are lifting the reservation.”
Another reservation was placed on Article 29, which allows persons with disabilities to participate in political and public life. The committee clarified that the reservation could be misinterpreted as a total opposition to the provision.
MP Lhaba Lhaba said, “The Convention does not categorise persons with disabilities as individuals with mental health conditions. So, a person with a disability should not be generalised as having impaired mental capacity. We are now clarifying that the reservation can be addressed by implementing the provision in accordance with the electoral laws and other relevant domestic laws.”
The government also had reservations on Subparagraph 1(a) of Article 18, which ensures that persons with disabilities have the right to acquire and change a nationality. The other is on Paragraph 2 of the same article which specifies that children with disabilities shall be registered immediately after birth, have a right to name, nationality, and know and be cared for their parents.
The committee presented that Bhutan’s citizenship process applies equally to everyone, including persons with disabilities, and citizenship is granted based on established criteria.
The revised wording now highlights that persons with disabilities enjoy the same rights as others regarding freedom of movement, choosing where to live, and acquiring nationality, while remaining consistent with Bhutan’s citizenship laws and naturalisation procedures.
A reservation was also placed on a clause in Article 27, which grants persons with disabilities the right to work and join trade unions, since Bhutanese law does not permit trade or labour unions. The government has recommended that these rights be recognised in line with the Constitution, the Labour and Employment Act, and other relevant national laws.
The National Assembly will adopt the amended reservations on this Convention and the Framework Agreement for the International Big CAT Alliance on Monday.
Kinzang Lhadon
