Nagase,
My thinking on your question might by be explained in the following but
I'm not sure if it's right.
"Discrimination does not include a provision, criterion or practice that
is
objectively and demonstrably justified by the State Party by a
legitimate
aim and the means of achieving that aim are reasonable and necessary."
I do not understand the connection of
"and the means of achieving that aim are reasonable and necessary" to
the
rest of the sentence.
Issue: People in wheelchairs want to fight in war at front line.
Government chooses not to allow us - discrimination on the grounds of
our disability, disregarding of fact we can still shoot guns.
The legitimate aim (their's not mine) would be to have soldiers who
could climb, run, jump, carry, lift, etc etc so the Governments means of
achieving the aim (exclusion by discrimination) would seem reasonable
and necessary to some.
Regards,
Frank
NAGASE Osamu wrote:
>
> Dear All,
>
> The Working Group of the Ad Hoc Committee
> on the Convention on the Rights of Persons with
> Disabilities met from 5 to 16 January and produced
> the draft convention, which is to be submitted to the
> third Ad Hoc Com. meeting in May.
> The draft is availalbe at
> http://www.un.org/esa/socdev/enable/rights/ahcwgreport.htm
> So the negotiations are to begin seriously now.
> If you are interested in the detailed discusssions during the
> process, please visit Landmine Survivors Network, which
> has been doing a great job of taking notes at
> http://www.rightsforall.org/updates2004.php
>
> My posting is to ask clarification for the para. 3 of the draft artilce 7,
> on equality and non-discrimination, which states as follows;
>
> "Discrimination does not include a provision, criterion or practice that is
> objectively and demonstrably justified by the State Party by a legitimate
> aim and the means of achieving that aim are reasonable and necessary."
>
> I do not understand the connection of
> "and the means of achieving that aim are reasonable and necessary" to the
> rest of the sentence.
>
> Any assistance is greatly valued.
>
> NAGASE Osamu
> University of Tokyo
>
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