E/C.12/1994/13
page 6
resources must be employed in such a way as to ensure, for every individual,
equal opportunity for participation. Disability policies should ensure the
access of [persons with disabilities] to all community services". 17/
18.
Because appropriate measures need to be taken to undo existing
discrimination and to establish equitable opportunities for persons with
disabilities, such actions should not be considered discriminatory in the
sense of article 2 (2) of the International Covenant on Economic, Social and
Cultural Rights as long as they are based on the principle of equality and are
employed only to the extent necessary to achieve that objective.
IV.
A.
SPECIFIC PROVISIONS OF THE COVENANT
Article 3 - Equal rights for men and women
19.
Persons with disabilities are sometimes treated as genderless human
beings. As a result, the double discrimination suffered by women with
disabilities is often neglected. 18/ Despite frequent calls by the
international community for particular emphasis to be placed upon their
situation, very few efforts have been undertaken during the Decade. The
neglect of women with disabilities is mentioned several times in the report of
the Secretary-General on the implementation of the World Programme of
Action. 19/ The Committee therefore urges States parties to address the
situation of women with disabilities, with high priority being given in future
to the implementation of economic, social and cultural rights-related
programmes.
B.
Articles 6-8 - Rights relating to work
20.
The field of employment is one in which disability-based discrimination
has been prominent and persistent. In most countries the unemployment rate
among persons with disabilities is two to three times higher than the
unemployment rate for persons without disabilities. Where persons with
disabilities are employed, they are mostly engaged in low-paid jobs with
little social and legal security and are often segregated from the mainstream
of the labour market. The integration of persons with disabilities into the
regular labour market should be actively supported by States.
21.
The "right of everyone to the opportunity to gain his living by work
which he freely chooses or accepts" (art. 6 (1)) is not realized where the
only real opportunity open to disabled workers is to work in so-called
"sheltered" facilities under substandard conditions. Arrangements whereby
persons with a certain category of disability are effectively confined to
certain occupations or to the production of certain goods may violate this
right. Similarly, in the light of principle 13 (3) of the Principles for the
Protection of Persons with Mental Illness and for the Improvement of Mental
Health Care, 20/ "therapeutical treatment" in institutions which amounts to
forced labour is also incompatible with the Covenant. In this regard, the
prohibition on forced labour contained in the International Covenant on Civil
and Political Rights is also of potential relevance.
22.
According to the Standard Rules, persons with disabilities, whether in
rural or urban areas, must have equal opportunities for productive and gainful