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Access to rights-based support for persons with disabilities 2017, para. 13
- Paragraph text
- Support is the act of providing help or assistance to someone who requires it to carry out daily activities and participate in society. Support is a practice, deeply embedded in all cultures and communities, that is at the basis of all our social networks. Everyone needs support from others at some stage, if not throughout their life, to participate in society and live with dignity. Being a recipient of support and offering support to others are roles we all share as part of our human experience, regardless of impairment, age or social status. However, while some forms of support have been naturally integrated into social design, others, such as that required by persons with disabilities, are still marginal.
- Body
- Special Rapporteur on the rights of persons with disabilities
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Social & Cultural Rights
- Person(s) affected
- Persons with disabilities
- Year
- 2017
Paragraph
Access to rights-based support for persons with disabilities 2017, para. 30
- Paragraph text
- Regional human rights instruments have also recognized support to persons with disabilities. The European Social Charter (revised) enshrines the right of persons with disabilities to independence, social integration and participation in the life of the community, calling on States to facilitate access to technical aids and support services (art. 15). The Additional Protocol to the American Convention on Human Rights in the Area of Economic, Social and Cultural Rights (Protocol of San Salvador) establishes an obligation to adopt measures to assist persons with disabilities to achieve the greatest possible development of their personality, including the implementation of programmes specifically aimed at providing them with the resources and environment needed for attaining this goal (art. 18). While the African Charter on Human and Peoples' Rights establishes a general obligation to facilitate "special protection measures" for persons with disabilities (art. 18 (2) and (4)), the draft protocol to the African Charter on Human and Peoples' Rights on the rights of persons with disabilities adopted by the African Commission on Human and Peoples' Rights in April 2016 explicitly recognizes support as a necessary measure to enable the realization of the rights of persons with disabilities (arts. 2 (h), 8, 10, 12, 13, 14, 16, 17, 20, 23, 25 and 26). Finally, the Incheon Strategy to "Make the Right Real" for Persons with Disabilities in Asia and the Pacific considers community inclusion and support as part of its policy direction. Its goal 4, Strengthen social protection, includes a target on enhancing services and programmes, including for personal assistance and peer counseling, that support persons with disabilities in living independently in the community.
- Body
- Special Rapporteur on the rights of persons with disabilities
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- Persons with disabilities
- Year
- 2017
Paragraph
Access to rights-based support for persons with disabilities 2017, para. 88
- Paragraph text
- Consideration of persons with disabilities in national policies on adequate housing is essential to ensure community participation. In the Republic of Moldova, as part of the process of deinstitutionalization of persons with intellectual and psychosocial disabilities, the Government has introduced protected housing arrangements, where persons with disabilities are provided social housing and the support necessary for living independently in the community (see A/HRC/31/62/Add.2, para. 46).
- Body
- Special Rapporteur on the rights of persons with disabilities
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Social & Cultural Rights
- Person(s) affected
- Persons with disabilities
- Year
- 2017
Paragraph
Accessibility 2014, para. 3
- Paragraph text
- The International Convention on the Elimination of All Forms of Racial Discrimination guarantees everyone the right of access to any place or service intended for use by the general public, such as transport, hotels, restaurants, cafes, theatres and parks (art. 5 (f)). Thus, a precedent has been established in the international human rights legal framework for viewing the right to access as a right per se. Admittedly, for members of different racial or ethnic groups, the barriers to free access to places and services open to the public were the result of prejudicial attitudes and a readiness to use force in preventing access to spaces that were physically accessible. However, persons with disabilities face technical and environmental - in most cases, human-built environmental - barriers such as steps at the entrances of buildings, the absence of lifts in multi-floor buildings and a lack of information in accessible formats. The built environment always relates to social and cultural development as well as customs; therefore the built environment is under the full control of society. Such artificial barriers are often the result of a lack of information and technical know-how rather than a conscious will to prevent persons with disabilities from accessing places or services intended for use by the general public. In order to introduce policies that allow better accessibility for persons with disabilities, it is necessary to change attitudes towards persons with disabilities in order to fight against stigma and discrimination, through ongoing education efforts, awareness-raising, cultural campaigns and communication.
- Body
- Committee on the Rights of Persons with Disabilities
- Document type
- General Comment / Recommendation
- Topic(s)
- Environment
- Equality & Inclusion
- Social & Cultural Rights
- Person(s) affected
- Persons with disabilities
- Year
- 2014
Paragraph
Accessibility 2014, para. 13
- Paragraph text
- Article 9 of the Convention on the Rights of Persons with Disabilities stipulates that, "to enable persons with disabilities to live independently and participate fully in all aspects of life, States parties shall take appropriate measures to ensure to persons with disabilities access, on an equal basis with others, to the physical environment, to transportation, to information and communication, including information and communication technologies and systems, and to other facilities and services open or provided to the public, both in urban and in rural areas". It is important that accessibility is addressed in all its complexity, encompassing the physical environment, transportation, information and communication, and services. The focus is no longer on legal personality and the public or private nature of those who own buildings, transport infrastructure, vehicles, information and communication, and services. As long as goods, products and services are open or provided to the public, they must be accessible to all, regardless of whether they are owned and/or provided by a public authority or a private enterprise. Persons with disabilities should have equal access to all goods, products and services that are open or provided to the public in a manner that ensures their effective and equal access and respects their dignity. This approach stems from the prohibition against discrimination; denial of access should be considered to constitute a discriminatory act, regardless of whether the perpetrator is a public or private entity. Accessibility should be provided to all persons with disabilities, regardless of the type of impairment, without distinction of any kind, such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status, legal or social status, gender or age. Accessibility should especially take into account the gender and age perspectives for persons with disabilities.
- Body
- Committee on the Rights of Persons with Disabilities
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Social & Cultural Rights
- Person(s) affected
- Persons with disabilities
- Year
- 2014
Paragraph
Accessibility 2014, para. 15
- Paragraph text
- The strict application of universal design to all new goods, products, facilities, technologies and services should ensure full, equal and unrestricted access for all potential consumers, including persons with disabilities, in a way that takes full account of their inherent dignity and diversity. It should contribute to the creation of an unrestricted chain of movement for an individual from one space to another, including movement inside particular spaces, with no barriers. Persons with disabilities and other users should be able to move in barrier-free streets, enter accessible low-floor vehicles, access information and communication, and enter and move inside universally designed buildings, using technical aids and live assistance where necessary. The application of universal design does not automatically eliminate the need for technical aids. Its application to a building from the initial design stage helps to make construction much less costly: making a building accessible from the outset might not increase the total cost of construction at all in many cases, or only minimally in some cases. On the other hand, the cost of subsequent adaptations in order to make a building accessible may be considerable in some cases, especially with regard to certain historical buildings. While the initial application of universal design is more economical, the potential cost of subsequent removal of barriers may not be used as an excuse to avoid the obligation to remove barriers to accessibility gradually. Accessibility of information and communication, including ICT, should also be achieved from the outset because subsequent adaptations to the Internet and ICT may increase costs. It is therefore more economical to incorporate mandatory ICT accessibility features from the earliest stages of design and production.
- Body
- Committee on the Rights of Persons with Disabilities
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Social & Cultural Rights
- Person(s) affected
- Persons with disabilities
- Year
- 2014
Paragraph
Accessibility 2014, para. 24
- Paragraph text
- A clear distinction should be drawn between the obligation to ensure access to all newly designed, built or produced objects, infrastructure, goods, products and services and the obligation to remove barriers and ensure access to the existing physical environment and existing transportation, information and communication, and services open to the general public. Another of the States parties' general obligations is to "undertake or promote research and development of universally designed goods, services, equipment and facilities, as defined in article 2 of the Convention, which should require the minimum possible adaptation and the least cost to meet the specific needs of a person with disabilities, to promote their availability and use, and to promote universal design in the development of standards and guidelines" (art. 4, para. 1 (f)). All new objects, infrastructure, facilities, goods, products and services have to be designed in a way that makes them fully accessible for persons with disabilities, in accordance with the principles of universal design. States parties are obliged to ensure that persons with disabilities have access to the existing physical environment, transportation, information and communication and services open to the general public. However, as this obligation is to be implemented gradually, States parties should establish definite time frames and allocate adequate resources for the removal of existing barriers. Furthermore, States parties should clearly prescribe the duties of the different authorities (including regional and local authorities) and entities (including private entities) that should be carried out in order to ensure accessibility. States parties should also prescribe effective monitoring mechanisms to ensure accessibility and monitor sanctions against anyone who fails to implement accessibility standards.
- Body
- Committee on the Rights of Persons with Disabilities
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- Persons with disabilities
- Year
- 2014
Paragraph
Accessibility 2014, para. 42
- Paragraph text
- Article 28 of the Convention addresses an adequate standard of living and social protection for persons with disabilities. States parties should take the necessary measures to ensure that both mainstream and disability-specific social protection measures and services are provided in an accessible manner, in accessible buildings, and that all information and communication pertaining to them is accessible through sign language, Braille, accessible electronic formats, alternative script, and augmentative and alternative modes, means and formats of communication. Social housing programmes should offer housing that is, inter alia, accessible for persons with disabilities and the elderly.
- Body
- Committee on the Rights of Persons with Disabilities
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Social & Cultural Rights
- Person(s) affected
- Persons with disabilities
- Year
- 2014
Paragraph
Accessibility 2014, para. 44
- Paragraph text
- Everyone has the right to enjoy the arts, take part in sports and go to hotels, restaurants and bars. However, wheelchair users cannot go to a concert if there are only stairs in the concert hall. Blind persons cannot enjoy a painting if there is no description of it they can hear in the gallery. Hard of hearing persons cannot enjoy a film if there are no subtitles. Deaf persons cannot enjoy a theatrical play if there is no sign language interpretation. Persons with intellectual disabilities cannot enjoy a book if there is no easy-to-read version or a version in augmentative and alternative modes. Article 30 of the Convention requires that States parties recognize the right of persons with disabilities to take part in cultural life on an equal basis with others. States parties are required to take all appropriate measures to ensure that persons with disabilities: (a) Enjoy access to cultural materials in accessible formats; (b) Enjoy access to television programmes, films, theatre and other cultural activities, in accessible formats; (c) Enjoy access to places for cultural performances or services, such as theatres, museums, cinemas, libraries and tourism services, and, as far as possible, enjoy access to monuments and sites of national cultural importance. The provision of access to cultural and historical monuments that are part of national heritage may indeed be a challenge in some circumstances. However, States parties are obliged to strive to provide access to these sites. Many monuments and sites of national cultural importance have been made accessible in a way that preserves their cultural and historical identity and uniqueness.
- Body
- Committee on the Rights of Persons with Disabilities
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Social & Cultural Rights
- Person(s) affected
- Persons with disabilities
- Year
- 2014
Paragraph
Centrality of the right to adequate housing for the development and implementation of the New Urban Agenda to be adopted at Habitat III in October 2016 2015, para. 38
- Paragraph text
- Urbanization has created new patterns of discrimination and inequality based on spatial and socioeconomic marginalization. Exclusionary patterns of governance and citizenship have given disproportionate power and influence to property owners and investors while depriving those without land or property of a meaningful say in decisions that will have significant impact on their lives and on their ability to obtain housing. Refugees, migrants, persons with disabilities, children and youth, indigenous peoples, women and minorities are most likely to find themselves homeless or relegated to the most marginal and unsafe places in cities, treated as non-citizens or outsiders.
- Body
- Special Rapporteur on adequate housing as a component of the right to an adequate standard of living
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Social & Cultural Rights
- Person(s) affected
- Children
- Ethnic minorities
- Persons on the move
- Persons with disabilities
- Women
- Youth
- Year
- 2015
Paragraph
Centrality of the right to adequate housing for the development and implementation of the New Urban Agenda to be adopted at Habitat III in October 2016 2015, para. 51
- Paragraph text
- Urban environments have served as a barrier to the inclusion and participation of persons with disabilities. Persons with disabilities face widespread lack of accessibility to built environments, including housing, public buildings and spaces, and to basic urban services such as sanitation and water, health, education and transportation. Cultural attitudes including negative stereotyping and stigma also contribute to the exclusion and marginalization of persons with disabilities in urban environments. In its articles 8 and 9, the Convention on the Rights of Persons with Disabilities emphasizes the importance of mainstreaming disability issues in all strategies of sustainable development and obliges States to ensure that housing is adequate, accessible and barrier free for person with disabilities.
- Body
- Special Rapporteur on adequate housing as a component of the right to an adequate standard of living
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Social & Cultural Rights
- Water & Sanitation
- Person(s) affected
- Persons with disabilities
- Year
- 2015
Paragraph
Centrality of the right to adequate housing for the development and implementation of the New Urban Agenda to be adopted at Habitat III in October 2016 2015, para. 76f
- Paragraph text
- [The Special Rapporteur recommends that the urban rights agenda should:] Focus on eliminating social exclusion, inequality and discrimination as human rights violations and prevent the criminalization and stigmatization of people on the basis of their housing status. Particular housing experiences and needs of all migrants, displaced persons, persons with disabilities and women, children and youth in situations of vulnerability should be addressed;
- Body
- Special Rapporteur on adequate housing as a component of the right to an adequate standard of living
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Social & Cultural Rights
- Person(s) affected
- Children
- Persons on the move
- Persons with disabilities
- Women
- Youth
- Year
- 2015
Paragraph
Child participation 2012, para. 20e
- Paragraph text
- [Child participation mechanisms must operate in compliance with these international human rights principles and standards and ensure:] Availability of, and access to, well-publicized, gender-sensitive and appropriate information that is suitable for all children (including very young children, children with disabilities, indigenous children and children from ethnic and linguistic minorities and other marginalized groups);
- Body
- Special Rapporteur on the sale and sexual exploitation of children, including child prostitution, child pornography and other child sexual abuse material
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Gender
- Social & Cultural Rights
- Person(s) affected
- Children
- Ethnic minorities
- Persons with disabilities
- Year
- 2012
Paragraph
Child participation 2012, para. 20g
- Paragraph text
- [Child participation mechanisms must operate in compliance with these international human rights principles and standards and ensure:] Equality of opportunity and guaranteed participation of children from vulnerable, marginalized and at-risk groups, including children with disabilities, children in street situations and children living in extreme poverty, in rural and remote areas or within alternative care settings, making sure to avoid the participation and representation of children from only privileged backgrounds;
- Body
- Special Rapporteur on the sale and sexual exploitation of children, including child prostitution, child pornography and other child sexual abuse material
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Poverty
- Social & Cultural Rights
- Person(s) affected
- Children
- Persons with disabilities
- Year
- 2012
Paragraph
Child participation 2012, para. 84
- Paragraph text
- In structures representing children and young people, such as parliaments, committees and forums, there is a need to guarantee access to and representation of child victims/survivors, in particular from marginalized and at-risk groups, including children with disabilities, children in street situations and those living in extreme poverty, in rural and remote areas or in alternative care settings.
- Body
- Special Rapporteur on the sale and sexual exploitation of children, including child prostitution, child pornography and other child sexual abuse material
- Document type
- Special Procedures' report
- Topic(s)
- Poverty
- Social & Cultural Rights
- Person(s) affected
- Children
- Persons with disabilities
- Youth
- Year
- 2012
Paragraph
Child participation 2012, para. 101d
- Paragraph text
- [A mapping and assessment of child participation must be carried out, in accordance with the relevant principles and standards, with a view to identifying the remaining achievements and gaps. The mapping process must involve all the principal stakeholders in child protection (public and private sectors, national human rights institutions, non-governmental organizations), including children and communities, with a view to ensuring effective and sustainable child participation. If necessary, legislative changes should be introduced to protect and promote child participation rights in order:] To ensure the availability of and access to child-sensitive and appropriate information (in local languages and various formats) that is suitable for children with disabilities and children of diverse ages and at various stages of maturity, including the very young, and to involve children in producing and delivering such material;
- Body
- Special Rapporteur on the sale and sexual exploitation of children, including child prostitution, child pornography and other child sexual abuse material
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- Children
- Persons with disabilities
- Year
- 2012
Paragraph
Children deprived of their liberty from the perspective of the prohibition of torture and other cruel, inhuman or degrading treatment or punishment 2015, para. 81
- Paragraph text
- The Special Rapporteur recommends that States adopt child-friendly administrative and criminal court procedures and train police officers, border guards, detention staff, judges and others who may encounter children deprived of their liberty in child protection principles and a better understanding of the vulnerabilities of children to human rights violations, such as torture and other forms of ill-treatment. Special mention should be made of girls, who are particularly vulnerable, and to special groups of children, such as minorities, disabled children and migrants.
- Body
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Movement
- Social & Cultural Rights
- Person(s) affected
- Children
- Girls
- Persons on the move
- Persons with disabilities
- Year
- 2015
Paragraph
Children deprived of their liberty from the perspective of the prohibition of torture and other cruel, inhuman or degrading treatment or punishment 2015, para. 85l
- Paragraph text
- [With regard to the vulnerability of children deprived of their liberty and policy reform, the Special Rapporteur calls upon all States:] To amend legislation to require a presumption of community living, with support, as the favoured policy, for children with disabilities;
- Body
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Social & Cultural Rights
- Person(s) affected
- Children
- Persons with disabilities
- Year
- 2015
Paragraph
Children in street situations 2017, para. 62
- Paragraph text
- The Committee recommends that States widely disseminate the present general comment within government, legal and administrative structures, to children in street situations, parents and caregivers, professional organizations, communities, the private sector and civil society. All channels of dissemination, including print media, the Internet, and children’s own communication means, such as storytelling and peer education, should be used. This will necessitate translating it into relevant languages, including sign languages, Braille and easy-to-understand formats for children with disabilities and limited literacy levels. It also requires making culturally appropriate and child-friendly versions and pictorial rather than text-based versions available, holding workshops and seminars, implementing age- and disability-specific support to discuss its implications and how best to implement it, and incorporating it into the training of all professionals working for and with children in street situations. States are also encouraged to include information on children in street situations in their reports to the Committee.
- Body
- Committee on the Rights of the Child
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Social & Cultural Rights
- Person(s) affected
- Children
- Persons with disabilities
- Year
- 2017
Paragraph
Closing the gap in international human rights law: lessons from three regional human rights systems on legal standards and practices regarding violence against women 2015, para. 14
- Paragraph text
- Article 2 of the Protocol requires States to take positive action to address inequalities between women and men in State efforts to ensure that women enjoy their rights. Other articles set out obligations with respect to, among other things, the right to dignity; the right to life, integrity and security of the person; protection from harmful practices; rights in marriage, which include entitlement to property and the custody and guardianship of children; protection from early and forced marriages; the right of access to justice and equal protection of the law; the right to participate in political and decision-making processes; the right to peace; the rights to adequate housing, food security, education and equality in access to employment; reproductive and health rights, including control of one's fertility; and the right to be protected against HIV infection. The Protocol also includes specific provisions on the protection of rights of women with disabilities. All promotional and protective provisions in the African Charter on Human and Peoples' Rights and other human rights instruments are equally applicable in the interpretation of the Protocol.
- Body
- Special Rapporteur on violence against women, its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Health
- Social & Cultural Rights
- Person(s) affected
- Children
- Men
- Persons with disabilities
- Women
- Year
- 2015
Paragraph
Common violations of the human rights to water and sanitation 2014, para. 67
- Paragraph text
- Violations of rights to non-discrimination and equality infuse other rights violations. What has become increasingly clear to the Special Rapporteur is that systemic and widespread denials of access to water and sanitation are first and foremost driven by patterns of discrimination, stigmatization and exclusion. Challenging violations of rights to water and sanitation invariably confronts endemic patterns of inequalities. More efforts are needed, in particular with regard to challenging discrimination faced by persons with disabilities, inequalities based on socioeconomic status, and discrimination and stigmatization deeply entrenched in society.
- Body
- Special Rapporteur on the human rights to safe drinking water and sanitation
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Social & Cultural Rights
- Water & Sanitation
- Person(s) affected
- Persons with disabilities
- Year
- 2014
Paragraph
Comprehensive child protection systems 2011, para. 57e
- Paragraph text
- [Child participation mechanisms must operate in compliance with internationally recognized standards and ensure the following:] Equality of opportunity and guaranteed participation of children from vulnerable and marginalized at-risk groups, including children with disabilities and those living in extreme poverty, in rural and remote areas, within alternative care settings or living and/or working on the streets, taking care to avoid the representation of only children from privileged backgrounds;
- Body
- Special Rapporteur on the sale and sexual exploitation of children, including child prostitution, child pornography and other child sexual abuse material
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Poverty
- Social & Cultural Rights
- Person(s) affected
- Children
- Persons with disabilities
- Year
- 2011
Paragraph
Different levels and types of services and the human rights to water and sanitation 2015, para. 8
- Paragraph text
- Sanitation facilities must be physically accessible for everyone within or in the immediate vicinity of each household, health or educational institution, public institutions and places, and the workplace (see A/HRC/12/24, para. 75). Sanitation facilities should be designed in a way that enables all users to physically access and use them, including, especially those with special access needs, such as children, persons with disabilities, elderly persons, pregnant women, parents accompanying children, chronically ill people and those accompanying them. Considering the needs of these individuals has implications for the entrance size, the interior space, handrails or other support mechanisms and the position of defecation, as well as other aspects.
- Body
- Special Rapporteur on the human rights to safe drinking water and sanitation
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Social & Cultural Rights
- Water & Sanitation
- Person(s) affected
- Children
- Older persons
- Persons with disabilities
- Women
- Year
- 2015
Paragraph
Different levels and types of services and the human rights to water and sanitation 2015, para. 22
- Paragraph text
- Hygiene facilities must be physically accessible for everyone within or in the immediate vicinity of each household, health or educational institution, public institutions and places, and the workplace. Ideally, they should be located adjacent to toilets. Women, persons with disabilities, children and others may have particular hygiene requirements. Access to hygiene facilities should be secure and convenient for all users, including children, elderly persons, persons with disabilities, women, including pregnant women, and chronically ill people. Moreover, hygiene facilities need to be accessible on a reliable and continuous basis, at home, work and school, and in public places, as to satisfy all needs throughout the day.
- Body
- Special Rapporteur on the human rights to safe drinking water and sanitation
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Health
- Social & Cultural Rights
- Water & Sanitation
- Person(s) affected
- Children
- Older persons
- Persons with disabilities
- Women
- Year
- 2015
Paragraph
Different levels and types of services and the human rights to water and sanitation 2015, para. 53
- Paragraph text
- Sanitation shared between a few households, where all residents know each other and maintenance and cleaning is shared, is a common form of access in many countries, particularly in sub-Saharan Africa. This form of access can contribute to the realization of the human rights to water and sanitation, where the construction and maintenance of the toilet or latrine is adequate, and where everyone within the households has access to the toilet or latrine, regardless of their age, physical ability or status within the household. There may be particular concerns for persons with disabilities, children, older persons, people with a chronic illness (which may be stigmatized, such as HIV), renters or those who do not belong to the main household. In some cultures, menstruating women are not allowed to use a latrine shared by other people, and this problem may be compounded when the latrine is shared by several households (see A/67/270, para. 73).
- Body
- Special Rapporteur on the human rights to safe drinking water and sanitation
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Social & Cultural Rights
- Water & Sanitation
- Person(s) affected
- Children
- Older persons
- Persons with disabilities
- Women
- Year
- 2015
Paragraph
Different levels and types of services and the human rights to water and sanitation 2015, para. 84
- Paragraph text
- Therefore, the key question to ask in order to achieve an equitable redistribution and to set priorities in policy-making and resource allocation is: who has been and who is being disadvantaged? Undertaking this analysis through the lens of equality and non-discrimination will demonstrate that the unserved and underserved are not randomly distributed. It will often point to communities in informal settlements, especially those that do not have security of tenure, as well as in remote rural areas. It will expose entrenched gender inequalities and the disadvantages and barriers faced by persons with disabilities, older persons and chronically ill people. It will point to patterns of neglect in service provision for communities that belong predominantly to indigenous peoples or ethnic minorities. It will bring discrimination on the basis of language, caste or religion to the fore.
- Body
- Special Rapporteur on the human rights to safe drinking water and sanitation
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Social & Cultural Rights
- Person(s) affected
- Ethnic minorities
- Persons with disabilities
- Year
- 2015
Paragraph
Disabled Women 1991, para. 6
- Paragraph text
- Recommends that States parties provide information on disabled women in their periodic reports, and on measures taken to deal with their particular situation, including special measures to ensure that they have equal access to education and employment, health services and social security, and to ensure that they can participate in all areas of social and cultural life.
- Body
- Committee on the Elimination of Discrimination against Women
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Social & Cultural Rights
- Person(s) affected
- Persons with disabilities
- Women
- Year
- 1991
Paragraph
Equal recognition before the law 2014, para. 21
- Paragraph text
- Where, after significant efforts have been made, it is not practicable to determine the will and preferences of an individual, the "best interpretation of will and preferences" must replace the "best interests" determinations. This respects the rights, will and preferences of the individual, in accordance with article 12, paragraph 4. The "best interests" principle is not a safeguard which complies with article 12 in relation to adults. The "will and preferences" paradigm must replace the "best interests" paradigm to ensure that persons with disabilities enjoy the right to legal capacity on an equal basis with others.
- Body
- Committee on the Rights of Persons with Disabilities
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- Persons with disabilities
- Year
- 2014
Paragraph
Equal recognition before the law 2014, para. 26
- Paragraph text
- In its concluding observations on States parties' initial reports, in relation to article 12, the Committee on the Rights of Persons with Disabilities has repeatedly stated that States parties must "review the laws allowing for guardianship and trusteeship, and take action to develop laws and policies to replace regimes of substitute decision-making by supported decision-making, which respects the person's autonomy, will and preferences".
- Body
- Committee on the Rights of Persons with Disabilities
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- Persons with disabilities
- Year
- 2014
Paragraph
Equal recognition before the law 2014, para. 29a
- Paragraph text
- [A supported decision-making regime comprises various support options which give primacy to a person's will and preferences and respect human rights norms. It should provide protection for all rights, including those related to autonomy (right to legal capacity, right to equal recognition before the law, right to choose where to live, etc.) and rights related to freedom from abuse and ill-treatment (right to life, right to physical integrity, etc.). Furthermore, systems of supported decision-making should not over-regulate the lives of persons with disabilities. While supported decision-making regimes can take many forms, they should all incorporate certain key provisions to ensure compliance with article 12 of the Convention, including the following:] Supported decision-making must be available to all. A person's level of support needs, especially where these are high, should not be a barrier to obtaining support in decision-making;
- Body
- Committee on the Rights of Persons with Disabilities
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Social & Cultural Rights
- Violence
- Person(s) affected
- Persons with disabilities
- Year
- 2014
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