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the full enjoyment of the relevant rights by persons with disabilities. The
Committee’s experience to date, however, indicates that States parties have
devoted very little attention to this issue in their reports. This appears to
be consistent with the Secretary-General’s conclusion that "most Governments
still lack decisive concerted measures that would effectively improve the
situation" of persons with disabilities. 5/ It is therefore appropriate to
review, and emphasize, some of the ways in which issues concerning persons
with disabilities arise in connection with the obligations contained in the
Covenant.
3.
There is still no internationally accepted definition of the term
"disability". For present purposes, however, it is sufficient to rely on the
approach adopted in the Standard Rules of 1993, which state:
"The term ’disability’ summarizes a great number of different
functional limitations occurring in any population ... People may be
disabled by physical, intellectual or sensory impairment, medical
conditions or mental illness. Such impairments, conditions or illnesses
may be permanent or transitory in nature." 6/
4.
In accordance with the approach adopted in the Standard Rules, this
General Comment uses the term "persons with disabilities" rather than the
older term "disabled persons". It has been suggested that the latter term
might be misinterpreted to imply that the ability of the individual to
function as a person has been disabled.
5.
The Covenant does not refer explicitly to persons with disabilities.
Nevertheless, the Universal Declaration of Human Rights recognizes that all
human beings are born free and equal in dignity and rights and, since the
Covenant’s provisions apply fully to all members of society, persons with
disabilities are clearly entitled to the full range of rights recognized in
the Covenant. In addition, in so far as special treatment is necessary,
States parties are required to take appropriate measures, to the maximum
extent of their available resources, to enable such persons to seek to
overcome any disadvantages, in terms of the enjoyment of the rights specified
in the Covenant, flowing from their disability. Moreover, the requirement
contained in article 2 (2) of the Covenant that the rights "enunciated ...
will be exercised without discrimination of any kind" based on certain
specified grounds "or other status" clearly applies to discrimination on the
grounds of disability.
6.
The absence of an explicit, disability-related provision in the Covenant
can be attributed to the lack of awareness of the importance of addressing
this issue explicitly, rather than only by implication, at the time of the
drafting of the Covenant over a quarter of a century ago. More recent
international human rights instruments have, however, addressed the issue
specifically. They include the Convention on the Rights of the Child
(art. 23); the African Charter on Human and Peoples’ Rights (art. 18 (4)); and
the Additional Protocol to the American Convention on Human Rights in the Area
of Economic, Social and Cultural Rights (art. 18). Thus it is now very widely
accepted that the human rights of persons with disabilities must be protected
and promoted through general, as well as specially designed, laws, policies
and programmes.