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Persons with Disabilities 1994, para. 31
- Paragraph text
- Women with disabilities also have the right to protection and support in relation to motherhood and pregnancy. As the Standard Rules state, "persons with disabilities must not be denied the opportunity to experience their sexuality, have sexual relationships and experience parenthood". The needs and desires in question should be recognized and addressed in both the recreational and the procreational contexts. These rights are commonly denied to both men and women with disabilities worldwide. Both the sterilization of, and the performance of an abortion on, a woman with disabilities without her prior informed consent are serious violations of article 10 (2).
- Legal status
- Non-negotiated soft law
- Body
- Committee on Social, Economic and Cultural Rights
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Health
- Person(s) affected
- Persons with disabilities
- Women
- Year
- 1994
Paragraph
Persons with Disabilities 1994, para. 35
- Paragraph text
- School programmes in many countries today recognize that persons with disabilities can best be educated within the general education system. Thus the Standard Rules provide that "States should recognize the principle of equal primary, secondary and tertiary educational opportunities for children, youth and adults with disabilities, in integrated settings". In order to implement such an approach, States should ensure that teachers are trained to educate children with disabilities within regular schools and that the necessary equipment and support are available to bring persons with disabilities up to the same level of education as their non disabled peers. In the case of deaf children, for example, sign language should be recognized as a separate language to which the children should have access and whose importance should be acknowledged in their overall social environment.
- Legal status
- Non-negotiated soft law
- Body
- Committee on Social, Economic and Cultural Rights
- Document type
- General Comment / Recommendation
- Topic(s)
- Education
- Equality & Inclusion
- Person(s) affected
- Children
- Persons with disabilities
- Youth
- Year
- 1994
Paragraph
The right of the child to rest, leisure, play, recreational activities, cultural life and the arts 2013, para. 58d
- Paragraph text
- Budgets: Budgets should be reviewed to ensure that the allocation for children, in respect of cultural, artistic, sports, recreational and play activities, is inclusive and consistent with their representation as a proportion of the population as a whole, and distributed across the provision for children of all ages, for example: budgetary support for the production and dissemination of children's books, magazines and papers; various formal and non-formal artistic expressions for children; accessible equipment and buildings and public spaces; resources for facilities such as sports clubs or youth centres. Consideration should be given to the cost of measures required to ensure access for the most marginalized children, including the obligation to provide reasonable accommodation to ensure equality of access for children with disabilities;
- Legal status
- Non-negotiated soft law
- 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
- 2013
Paragraph
Article 9: Liberty and security of person 2014, para. 28
- Paragraph text
- For some categories of vulnerable persons, directly informing the person arrested is required but not sufficient. When children are arrested, notice of the arrest and the reasons for it should also be provided directly to their parents, guardians, or legal representatives. For certain persons with mental disabilities, notice of the arrest and the reasons should also be provided directly to persons they have designated or appropriate family members. Additional time may be required to identify and contact the relevant third persons, but notice should be given as soon as possible.
- Legal status
- Non-negotiated soft law
- Body
- Human Rights Committee
- Document type
- General Comment / Recommendation
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Person(s) affected
- Children
- Persons with disabilities
- Year
- 2014
Paragraph
Disabled Women 1991, para. 5
- Paragraph text
- Affirming its support for the World Programme of Action concerning Disabled Persons (1982),
- Legal status
- Non-negotiated soft law
- Body
- Committee on the Elimination of Discrimination against Women
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- Persons with disabilities
- Women
- Year
- 1991
Paragraph
Older women and protection of their human rights 2010, para. 19
- Paragraph text
- Employers often regard older women as non-profitable investments for education and vocational training. Older women also do not have equal opportunities to learn modern information technology, nor the resources to obtain them. Many poor older women, especially those with disabilities and those living in rural areas, are denied the right to education and receive little or no formal or informal education. Illiteracy and innumeracy can severely restrict older women's full participation in public and political life, the economy, and access to a range of services, entitlements and recreational activities.
- Legal status
- Non-negotiated soft law
- Body
- Committee on the Elimination of Discrimination against Women
- Document type
- General Comment / Recommendation
- Topic(s)
- Education
- Person(s) affected
- Older persons
- Persons with disabilities
- Women
- Year
- 2010
Paragraph
Women in conflict prevention, conflict and post-conflict situations 2013, para. 57b
- Paragraph text
- [The Committee recommends that States parties:] Address the specific risks and particular needs of different groups of internally displaced and refugee women who are subjected to multiple and intersecting forms of discrimination, including women with disabilities, older women, girls, widows, women who head households, pregnant women, women living with HIV/AIDS, rural women, indigenous women, women belonging to ethnic, national, sexual or religious minorities, and women human rights defenders;
- Legal status
- Non-negotiated soft law
- Body
- Committee on the Elimination of Discrimination against Women
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Humanitarian
- Movement
- Person(s) affected
- Ethnic minorities
- Girls
- Persons on the move
- Persons with disabilities
- Women
- Year
- 2013
Paragraph
Persons with Disabilities 1994, para. 5
- Paragraph text
- 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, insofar 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.
- Legal status
- Non-negotiated soft law
- Body
- Committee on Social, Economic and Cultural Rights
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Person(s) affected
- Persons with disabilities
- Year
- 1994
Paragraph
Equal recognition before the law 2014, para. 33
- Paragraph text
- Freedom from discrimination in the recognition of legal capacity restores autonomy and respects the human dignity of the person in accordance with the principles enshrined in article 3 (a) of the Convention. Freedom to make one's own choices most often requires legal capacity. Independence and autonomy include the power to have one's decisions legally respected. The need for support and reasonable accommodation in making decisions shall not be used to question a person's legal capacity. Respect for difference and acceptance of persons with disabilities as part of human diversity and humanity (art. 3 (d)) is incompatible with granting legal capacity on an assimilationist basis.
- Legal status
- Non-negotiated soft law
- 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. 46
- Paragraph text
- The segregation of persons with disabilities in institutions continues to be a pervasive and insidious problem that violates a number of the rights guaranteed under the Convention. The problem is exacerbated by the widespread denial of legal capacity to persons with disabilities, which allows others to consent to their placement in institutional settings. The directors of institutions are also commonly vested with the legal capacity of the persons residing therein. This places all power and control over the person in the hands of the institution. In order to comply with the Convention and respect the human rights of persons with disabilities, deinstitutionalization must be achieved and legal capacity must be restored to all persons with disabilities, who must be able to choose where and with whom to live (art. 19). A person's choice of where and with whom to live should not affect his or her right to access support in the exercise of his or her legal capacity.
- Legal status
- Non-negotiated soft law
- Body
- Committee on the Rights of Persons with Disabilities
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- Persons with disabilities
- Year
- 2014
Paragraph
Equal recognition before the law 2014, para. 48
- Paragraph text
- Denial or restriction of legal capacity has been used to deny political participation, especially the right to vote, to certain persons with disabilities. In order to fully realize the equal recognition of legal capacity in all aspects of life, it is important to recognize the legal capacity of persons with disabilities in public and political life (art. 29). This means that a person's decision-making ability cannot be a justification for any exclusion of persons with disabilities from exercising their political rights, including the right to vote, the right to stand for election and the right to serve as a member of a jury.
- Legal status
- Non-negotiated soft law
- Body
- Committee on the Rights of Persons with Disabilities
- Document type
- General Comment / Recommendation
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- Persons with disabilities
- Year
- 2014
Paragraph
Equal recognition before the law 2014, para. 49
- Paragraph text
- States parties have an obligation to protect and promote the right of persons with disabilities to access the support of their choice in voting by secret ballot, and to participate in all elections and referendums without discrimination. The Committee further recommends that States parties guarantee the right of persons with disabilities to stand for election, to hold office effectively and to perform all public functions at all levels of government, with reasonable accommodation and support, where desired, in the exercise of their legal capacity.
- Legal status
- Non-negotiated soft law
- Body
- Committee on the Rights of Persons with Disabilities
- Document type
- General Comment / Recommendation
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Person(s) affected
- Persons with disabilities
- Year
- 2014
Paragraph
Equal recognition before the law 2014, para. 30
- Paragraph text
- The right to equality before the law has long been recognized as a civil and political right, with roots in the International Covenant on Civil and Political Rights. Civil and political rights attach at the moment of ratification and States parties are required to take steps to immediately realize those rights. As such, the rights provided for in article 12 apply at the moment of ratification and are subject to immediate realization. The State obligation, provided for in article 12, paragraph 3, to provide access to support in the exercise of legal capacity is an obligation for the fulfilment of the civil and political right to equal recognition before the law. "Progressive realization" (art. 4, para. 2) does not apply to the provisions of article 12. Upon ratifying the Convention, States parties must immediately begin taking steps towards the realization of the rights provided for in article 12. Those steps must be deliberate, well-planned and include consultation with and meaningful participation of people with disabilities and their organizations.
- Legal status
- Non-negotiated soft law
- Body
- Committee on the Rights of Persons with Disabilities
- Document type
- General Comment / Recommendation
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- Persons with disabilities
- Year
- 2014
Paragraph
Equal recognition before the law 2014, para. 50b
- Paragraph text
- [In the light of the normative content and obligations outlined above, States parties should take the following steps to ensure the full implementation of article 12 of the Convention on the Rights of Persons with Disabilities:] Establish, recognize and provide persons with disabilities with access to a broad range of support in the exercise of their legal capacity. Safeguards for such support must be premised on respect for the rights, will and preferences of persons with disabilities. The support should meet the criteria set out in paragraph 29 above on the obligations of States parties to comply with article 12, paragraph 3, of the Convention;
- Legal status
- Non-negotiated soft law
- Body
- Committee on the Rights of Persons with Disabilities
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- Persons with disabilities
- Year
- 2014
Paragraph
Equal recognition before the law 2014, para. 52
- Paragraph text
- States parties are encouraged to develop effective mechanisms to combat both formal and informal substitute decision-making. To this end, the Committee urges States parties to ensure that persons with disabilities have the opportunity to make meaningful choices in their lives and develop their personalities, to support the exercise of their legal capacity. This includes, but is not limited to, opportunities to build social networks; opportunities to work and earn a living on an equal basis with others; multiple choices for place of residence in the community; and inclusion in education at all levels.
- Legal status
- Non-negotiated soft law
- Body
- Committee on the Rights of Persons with Disabilities
- Document type
- General Comment / Recommendation
- Topic(s)
- Education
- Equality & Inclusion
- Person(s) affected
- Persons with disabilities
- Year
- 2014
Paragraph
The right to inclusive education 2016, para. 1
- Paragraph text
- Historically viewed as welfare recipients, persons with disabilities are now recognised under international law as right-holders, with a claim to the right to education without discrimination and on the basis of equal opportunities. The United Nations Convention on the Rights of the Child (CRC, 1989), the World Declaration on Education for All (1990), the United Nations Standard Rules on Equalization of Opportunities for Persons with Disabilities (1993), and the Salamanca Declaration and Framework for Action (1994) all embody measures testifying to the growing awareness and understanding of the right of persons with disabilities to education.
- Legal status
- Non-negotiated soft law
- Body
- Committee on the Rights of Persons with Disabilities
- Document type
- General Comment / Recommendation
- Topic(s)
- Education
- Equality & Inclusion
- Person(s) affected
- Children
- Persons with disabilities
- Year
- 2016
Paragraph
The right to inclusive education 2016, para. 2
- Paragraph text
- Recognition of inclusion as the key to achieving the right to education has strengthened over the past 30 years, and is enshrined in the Convention on the Rights of Persons with Disabilities (herein after: the Convention), the first legally binding instrument to contain a reference to the concept of quality inclusive education. Sustainable Development Goal (SDG) 4 also affirms inclusive quality and equitable education. Inclusive education is central to achieving high quality education for all learners, including those with disabilities, and for the development of inclusive, peaceful and fair societies. Furthermore, there is a powerful educational, social, and economic case to be made. The OHCHR Thematic Study of the Rights of Persons with Disabilities to Education (2013) affirms that only inclusive education can provide both quality education and social development for persons with disabilities, and a guarantee of universality and non-discrimination in the right to education.
- Legal status
- Non-negotiated soft law
- Body
- Committee on the Rights of Persons with Disabilities
- Document type
- General Comment / Recommendation
- Topic(s)
- Education
- Equality & Inclusion
- Person(s) affected
- Persons with disabilities
- Year
- 2016
Paragraph
The right to inclusive education 2016, para. 4c
- Paragraph text
- [Barriers that impede access to inclusive education for persons with disabilities can be attributed to multiple factors, including:] lack of knowledge about the nature and advantages of inclusive and quality education, and diversity, including regarding competitiveness, in learning for all; lack of outreach to all parents and lack of appropriate responses to support requirements, leading to misplaced fears, and stereotypes, that inclusion will cause a deterioration in the quality of education, or otherwise impact negatively on others;
- Legal status
- Non-negotiated soft law
- Body
- Committee on the Rights of Persons with Disabilities
- Document type
- General Comment / Recommendation
- Topic(s)
- Education
- Equality & Inclusion
- Person(s) affected
- Persons with disabilities
- Year
- 2016
Paragraph
The right to inclusive education 2016, para. 48
- Paragraph text
- The Committee calls States parties' attention to general comment on article 12 (CRPD/C/GC/1) and stresses that inclusive education provides an opportunity to develop the expression of the will and preferences of students with disabilities, particularly those with psychosocial or intellectual impairments. States parties must ensure that inclusive education supports learners with disabilities in building their confidence to exercise legal capacity, providing the necessary support at all educational levels including to diminish future requirements for support in its exercise if they so wish.
- Legal status
- Non-negotiated soft law
- Body
- Committee on the Rights of Persons with Disabilities
- Document type
- General Comment / Recommendation
- Topic(s)
- Education
- Equality & Inclusion
- Person(s) affected
- Persons with disabilities
- Year
- 2016
Paragraph
The right to inclusive education 2016, para. 55
- Paragraph text
- Full participation in political and public life is enhanced through the realisation of the right to inclusive education. Curricula for all students must include the topic of citizenship and the skills of self-advocacy and self-representation as fundamental basis for participation in political and societal processes. Public affairs include forming and participating in student organisations such as students' unions and States Parties should promote an environment in which persons with disabilities can form, join and effectively and fully participate in such student organisations through all forms of communication and language of their choice (art 29).
- Legal status
- Non-negotiated soft law
- Body
- Committee on the Rights of Persons with Disabilities
- Document type
- General Comment / Recommendation
- Topic(s)
- Education
- Equality & Inclusion
- Person(s) affected
- Persons with disabilities
- Year
- 2016
Paragraph
The right to inclusive education 2016, para. 56
- Paragraph text
- States parties must remove barriers and promote accessibility and availability of inclusive opportunities for persons with disabilities to participate on an equal basis with others in play, recreation and sport in the school system, extra-currilar activities and other educational environments(article 30). Appropriate measures must be in place within the educational environment to ensure opportunities for persons with disabilities to access to cultural life and to develop and utilize their creative, artistic and intellectual potential, not only for their own benefit but also for the enrichment of the society. Such measures must ensure that persons with disabilities are entitled to recognition of their specific cultural and linguistic identity, including sign languages and deaf culture.
- Legal status
- Non-negotiated soft law
- Body
- Committee on the Rights of Persons with Disabilities
- Document type
- General Comment / Recommendation
- Topic(s)
- Education
- Equality & Inclusion
- Person(s) affected
- Persons with disabilities
- Year
- 2016
Paragraph
The right to inclusive education 2016, para. 69
- Paragraph text
- A process of educating all teachers at pre-school, primary, secondary, tertiary and vocational education levels must be initiated to provide them with the necessary core competencies and values to work in inclusive educational environments. This requires adaptations to both pre and in-service training to develop appropriate skill levels in the shortest time possible to facilitate the transition to an inclusive education system. All teachers must be provided with dedicated units/modules to prepare them to work in inclusive settings, as well as practical experiential learning, where they can build the skills and confidence to problem-solve through diverse inclusion challenges. The core content of teacher education must address a basic understanding of human diversity, growth and development, the human rights model of disability, and inclusive pedagogy including how to identify students' functional abilities -strengths, abilities and learning styles- to ensure their participation in inclusive educational environments. Teacher education should include learning about the use of appropriate augmentative and alternative modes, means and formats of communication, such as Braille, large print, accessible multimedia, easyread, plain language, sign language and deaf culture, education techniques and materials to support persons with disabilities. In addition, teachers need practical guidance and support in, among others: the provision of individualized instruction; teaching the same content using varied teaching methods to respond to the learning styles and unique abilities of each person; the development and use of individual educational plans to support specific learning requirements; and the introduction of a pedagogy centred around students' educational objectives.
- Legal status
- Non-negotiated soft law
- Body
- Committee on the Rights of Persons with Disabilities
- Document type
- General Comment / Recommendation
- Topic(s)
- Education
- Equality & Inclusion
- Person(s) affected
- Persons with disabilities
- Year
- 2016
Paragraph
The right to inclusive education 2016, para. 72
- Paragraph text
- Quality inclusive education requires methods of appraising and monitoring students' progress that considers the barriers faced by students with disabilities. Traditional systems of assessment, utilising standardized achievement test scores as the sole indicator of success for both students and schools may disadvantage students with disabilities. The emphasis should be on individual progress towards broad goals. With appropriate teaching methodologies, support and accommodations, all curricula can be adapted to meet the needs of all students, including those with disabilities. Inclusive student assessment systems can be strengthened through a system of individualized supports.
- Legal status
- Non-negotiated soft law
- Body
- Committee on the Rights of Persons with Disabilities
- Document type
- General Comment / Recommendation
- Topic(s)
- Education
- Equality & Inclusion
- Person(s) affected
- Persons with disabilities
- Year
- 2016
Paragraph
The right to inclusive education 2016, para. 74
- Paragraph text
- The Committee notes the growth in many countries of private sector education. States parties must recognize that the right to inclusive education extends to the provision of all education, not merely that provided by public authorities. States parties must adopt measures to protect against infringements of rights by third parties, including the business sector. Regarding the right to education, such measures must address the obligation to guarantee the provision of inclusive education, and as necessary, involve legislation and regulation, monitoring, oversight, and enforcement, and adoption of policies to frame how business enterprises can impact on the effective enjoyment and exercise of rights by persons with disabilities. Educational institutions, including private educational institutions and enterprises, should not charge additional fees for reasons of accessibility and/or reasonable accommodation.
- Legal status
- Non-negotiated soft law
- Body
- Committee on the Rights of Persons with Disabilities
- Document type
- General Comment / Recommendation
- Topic(s)
- Education
- Equality & Inclusion
- Person(s) affected
- Persons with disabilities
- Year
- 2016
Paragraph
Women and girls with disabilities 2016, para. 2
- Paragraph text
- There is strong evidence to show that women and girls with disabilities face barriers in most areas of life. These barriers create situations of multiple and intersecting forms of discrimination against women and girls with disabilities, particularly, with regard to equal access to education, access to economic opportunities, access to social interaction, access to justice and equal recognition before the law , the ability to participate politically, and the ability to exercise control over their own lives across a range of contexts, for example: with regard to healthcare, including sexual and reproductive health; and where and with whom they wish to live.
- Legal status
- Non-negotiated soft law
- Body
- Committee on the Rights of Persons with Disabilities
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Health
- Person(s) affected
- Girls
- Persons with disabilities
- Women
- Year
- 2016
Paragraph
Women and girls with disabilities 2016, para. 8
- Paragraph text
- Gender equality is central to human rights. Equality is a fundamental human rights principle that is inherently relative and context specific. Ensuring the human rights of women requires, firstly, a comprehensive understanding of the social structures and power relations that frame laws and policies as well as the economy, social dynamics, family and community life, and cultural beliefs. Gender stereotypes can also limit women's capacity to develop their personal abilities, pursue their professional careers and make choices about their lives and life plans. Both hostile/negative or seemingly benign stereotypes can be harmful. There is a recognized need to address harmful gender stereotypes in order to promote gender equality . The Convention equally enshrines an obligation to combat stereotypes, prejudices and harmful practices relating to persons with disabilities, including those based on sex and age, in all areas of life .
- Legal status
- Non-negotiated soft law
- Body
- Committee on the Rights of Persons with Disabilities
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Gender
- Social & Cultural Rights
- Person(s) affected
- Girls
- Persons with disabilities
- Women
- Year
- 2016
Paragraph
Women and girls with disabilities 2016, para. 11
- Paragraph text
- This general comment reflects an interpretation of article 6 which is premised on the general principles of the Convention, as outlined in article 3, namely, respect for inherent dignity, individual autonomy - including the freedom to make one's own choices -, and independence of persons; non-discrimination; full and effective participation and inclusion in society; respect for difference and acceptance of persons with disabilities as part of human diversity and humanity; equality of opportunity; accessibility; equality between men and women; and respect for the evolving capacities of children with disabilities and respect for the right of children with disabilities to preserve their identities.
- Legal status
- Non-negotiated soft law
- Body
- Committee on the Rights of Persons with Disabilities
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Person(s) affected
- Children
- Girls
- Men
- Persons with disabilities
- Women
- Year
- 2016
Paragraph
Women and girls with disabilities 2016, para. 13
- Paragraph text
- Article 6 paragraph 1 recognizes that women with disabilities are subject to multiple discrimination and requires that States parties take measures to ensure the full and equal enjoyment by women with disabilities of all human rights and fundamental freedoms. The Convention references multiple discrimination in article 5 paragraph 2 which not only requires States parties to prohibit any kind of discrimination based on disability, but also to protect against discrimination on other grounds . Jurisprudence by the CRPD Committee has included measures to address multiple and intersectional discrimination .
- Legal status
- Non-negotiated soft law
- Body
- Committee on the Rights of Persons with Disabilities
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- Girls
- Persons with disabilities
- Women
- Year
- 2016
Paragraph
Women and girls with disabilities 2016, para. 30
- Paragraph text
- The right to freedom from exploitation, violence and abuse for women with disabilities can be impacted negatively by harmful stereotypes that heighten their risk of experiencing violence. Harmful stereotypes that infantilize women with disabilities, call into question their ability to make judgements, and perceptions of women with disabilities as being asexual, or hypersexual; and erroneous beliefs and myths, heavily influenced by superstition, which increase the risk of sexual violence against women with albinism , all contribute to women with disabilities not exercising their rights as set out in article 16.
- Legal status
- Non-negotiated soft law
- Body
- Committee on the Rights of Persons with Disabilities
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Violence
- Person(s) affected
- Girls
- Persons with disabilities
- Women
- Year
- 2016
Paragraph
HIV/AIDS and the rights of the children 2003, para. 37
- Paragraph text
- Children may be exposed to various forms of violence and abuse which may increase the risk of their becoming HIV-infected, and may also be subjected to violence as a result of their being infected or affected by HIV/AIDS. Violence, including rape and other forms of sexual abuse, can occur in the family or foster setting or may be perpetrated by those with specific responsibilities towards children, including teachers and employees of institutions working with children, such as prisons and institutions concerned with mental health and other disabilities. In keeping with the rights of the child set forth in article 19 of the Convention, States parties have the obligation to protect children from all forms of violence and abuse, whether at home, in school or other institutions, or in the community.
- Legal status
- Non-negotiated soft law
- Body
- Committee on the Rights of the Child
- Document type
- General Comment / Recommendation
- Topic(s)
- Health
- Violence
- Person(s) affected
- Children
- Families
- Persons with disabilities
- Year
- 2003
Paragraph
Women and girls with disabilities 2016, para. 48
- Paragraph text
- The lack of consideration of gender and/or disability aspects in policies relating to the physical environment, to transportation, to information and communications, including information and communications technologies and systems, and to other facilities and services open or provided to the public, both in urban and in rural areas, prevents women with disabilities from living independently and participating fully in all areas of life on an equal basis with others. This is specially relevant in their access to safe houses, support services and procedures in order to provide effective and meaningful protection from violence, abuse and exploitation or when providing health care, particularly reproductive health care.
- Legal status
- Non-negotiated soft law
- Body
- Committee on the Rights of Persons with Disabilities
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Health
- Person(s) affected
- Girls
- Persons with disabilities
- Women
- Year
- 2016
Paragraph
Women and girls with disabilities 2016, para. 62a ii
- Paragraph text
- [In the light of the normative content and obligations outlined above, State parties should take the following steps to ensure the full implementation of article 6 of the Convention on the Rights of Persons with Disabilities, providing adequate resources in this regard:] Combat multiple discrimination through inter alia: Adopting appropriate laws, policies and actions to ensure the rights of women with disabilities are included in all policies, especially in policies related to women in general, as well as in policies on disability.
- Legal status
- Non-negotiated soft law
- Body
- Committee on the Rights of Persons with Disabilities
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- Girls
- Persons with disabilities
- Women
- Year
- 2016
Paragraph
Women and girls with disabilities 2016, para. 45
- Paragraph text
- Forced contraception and sterilization can also result in sexual violence without the consequence of pregnancy, especially for women with psychosocial or intellectual disabilities and those in psychiatric or other institutions or custody. Therefore, it is particularly important to reaffirm that the legal capacity of women with disabilities should be recognised on an equal basis with others, that women with disabilities have the right to found a family and be provided with appropriate assistance to raise their children.
- Legal status
- Non-negotiated soft law
- Body
- Committee on the Rights of Persons with Disabilities
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Health
- Violence
- Person(s) affected
- Children
- Girls
- Persons with disabilities
- Women
- Year
- 2016
Paragraph
Women and girls with disabilities 2016, para. 53
- Paragraph text
- Violations relating to deprivation of liberty disproportionately affect women with intellectual or psychosocial disabilities and those in institutional settings. Those deprived of their liberty in places such as psychiatric institutions, on the basis of actual or perceived impairment, are subject to higher levels of violence as well as cruel, inhuman, degrading treatment or punishment , are segreggated and exposed to the risk of sexual violence and trafficking within care and special education institutions . Violence against women with disabilities in institutions includes: involuntary undressing by male staff against the will of the woman concerned; forced psychiatric medication; and overmedication which can reduce the ability to describe and/or remember sexual violence. Perpetrators may act with impunity because they perceive little risk of discovery or punishment as access to judicial remedies is severely restricted, and women with disabilities subjected to such violence are unlikely to be able to access helplines or other forms of support to report such violations.
- Legal status
- Non-negotiated soft law
- Body
- Committee on the Rights of Persons with Disabilities
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Violence
- Person(s) affected
- Girls
- Persons with disabilities
- Women
- Year
- 2016
Paragraph
Women and girls with disabilities 2016, para. 55
- Paragraph text
- The right of women with disabilities to choose their place of residence may be adversely affected by cultural norms and patriarchal family values that limit autonomy and oblige them to live in a particular living arrangement. Thus, multiple discrimination can prevent the full and equal enjoyment of the right to live independently in the community. In the case of older persons with disabilities, age and impairment, separately or jointly, can increase their risk of institutionalization . In addition, it has been widely documented that institutionalization may expose persons with disabilities to violence and abuse, with women with disabilities particularly exposed .
- Legal status
- Non-negotiated soft law
- Body
- Committee on the Rights of Persons with Disabilities
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Social & Cultural Rights
- Person(s) affected
- Girls
- Older persons
- Persons with disabilities
- Women
- Year
- 2016
Paragraph
The right of the child to rest, leisure, play, recreational activities, cultural life and the arts 2013, para. 24
- Paragraph text
- Article 23: Accessible and inclusive environments and facilities must be made available to children with disabilities to enable them to enjoy their rights under article 31. Families, caregivers and professionals must recognize the value of inclusive play, both as a right and as a means of achieving optimum development, for children with disabilities. States parties should promote opportunities for children with disabilities, as equal and active participants in play, recreation and cultural and artistic life, by awareness-raising among adults and peers, and by providing age-appropriate support or assistance.
- Legal status
- Non-negotiated soft law
- Body
- Committee on the Rights of the Child
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Social & Cultural Rights
- Person(s) affected
- Children
- Families
- Persons with disabilities
- Year
- 2013
Paragraph
The rights of children with disabilities 2007, para. 25
- Paragraph text
- Although caring for children with disabilities is an obligation of the State, NGOs often carry out these responsibilities without the appropriate support, funding or recognition from Governments. States parties are therefore encouraged to support and cooperate with NGOs enabling them to participate in the provision of services for children with disabilities and to ensure that they operate in full compliance with the provisions and principles of the Convention. In this regard the Committee draws the attention of States parties to the recommendations adopted on its day of general discussion on the private sector as a service provider, held on 20 September 2002 (CRC/C/121, paras. 630-653).
- Legal status
- Non-negotiated soft law
- Body
- Committee on the Rights of the Child
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- Children
- Persons with disabilities
- Year
- 2007
Paragraph
The rights of children with disabilities 2007, para. 28
- Paragraph text
- See paragraphs 8-10 above.
- Legal status
- Non-negotiated soft law
- Body
- Committee on the Rights of the Child
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Person(s) affected
- Children
- Persons with disabilities
- Year
- 2007
Paragraph
The rights of children with disabilities 2007, para. 21
- Paragraph text
- Services for children with disabilities are often delivered by various governmental and non-governmental institutions, and more often than not, these services are fragmented and not coordinated which result in overlapping of functions and gaps in provisions. Therefore, the setting up of an appropriate coordinating mechanism becomes essential. This body should be multisectoral, including all organizations public or private. It must be empowered and supported from the highest possible levels of Government to allow it to function at its full potential. A coordination body for children with disabilities, as part of a broader coordination system for the rights of the child or a national coordination system for persons with disabilities, would have the advantage of working within an already established system, provided this system is functioning adequately and capable of devoting the adequate financial and human resources necessary. On the other hand, a separate coordination system may help to focus attention on children with disabilities.
- Legal status
- Non-negotiated soft law
- Body
- Committee on the Rights of the Child
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- Children
- Persons with disabilities
- Year
- 2007
Paragraph
The rights of children with disabilities 2007, para. 37
- Paragraph text
- Access to information and means of communication, including information and communication technologies and systems, enables children with disabilities to live independently and participate fully in all aspects of life. Children with disabilities and their caregivers should have access to information concerning their disabilities so that they can be adequately educated on the disability, including its causes, management and prognosis. This knowledge is extremely valuable as it does not only enable them to adjust and live better with their disabilities, but also allows them to be more involved in and to make informed decisions about their own care. Children with disabilities should also be provided with the appropriate technology and other services and/or languages, e.g. Braille and sign language, which would enable them to have access to all forms of media, including television, radio and printed material as well as new information and communication technologies and systems, such as the Internet.
- Legal status
- Non-negotiated soft law
- Body
- Committee on the Rights of the Child
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Person(s) affected
- Children
- Persons with disabilities
- Year
- 2007
Paragraph
The rights of children with disabilities 2007, para. 74b
- Paragraph text
- [With reference to the rights enshrined in article 23 and given the high level of vulnerability of children with disabilities, the Committee recommends - in addition to the general recommendation made in paragraph 73 above - that the following elements of the treatment of children with disabilities (allegedly) in conflict with the law be taken into account:] Governments should develop and implement alternative measures with a variety and a flexibility that allow for an adjustment of the measure to the individual capacities and abilities of the child in order to avoid the use of judicial proceedings. Children with disabilities in conflict with the law should be dealt with as much as possible without resorting to formal/legal procedures. Such procedures should only be considered when necessary in the interest of public order. In those cases special efforts have to be made to inform the child about the juvenile justice procedure and his or her rights therein;
- Legal status
- Non-negotiated soft law
- Body
- Committee on the Rights of the Child
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- Children
- Persons with disabilities
- Year
- 2007
Paragraph
The rights of children with disabilities 2007, para. 75
- Paragraph text
- Children with disabilities are particularly vulnerable to different forms of economic exploitation, including the worst forms of child labour as well as drug trafficking and begging. In this context, the Committee recommends that States parties which have not yet done so ratify the Convention No. 138 of the International Labour Organization (ILO) concerning the minimum age for admission to employment and ILO Convention No. 182 concerning the prohibition of and immediate action for the elimination of the worst forms of child labour. In the implementation of these conventions States parties should pay special attention to the vulnerability and needs of children with disabilities.
- Legal status
- Non-negotiated soft law
- Body
- Committee on the Rights of the Child
- Document type
- General Comment / Recommendation
- Topic(s)
- Violence
- Person(s) affected
- Children
- Persons with disabilities
- Year
- 2007
Paragraph
The rights of children with disabilities 2007, para. 59
- Paragraph text
- The Committee notes that children with disabilities are, particularly during their adolescence, facing multiple challenges and risks in the area of establishing relationships with peers and reproductive health. Therefore, the Committee recommends that States parties provide adolescents with disabilities with adequate, and where appropriate, disability specific information, guidance and counselling and fully take into account the Committee's general comments No. 3 (2003) on HIV/AIDS and the rights of the child and No. 4 (2003) on adolescent health and development in the context of the Convention on the Rights of the Child.
- Legal status
- Non-negotiated soft law
- Body
- Committee on the Rights of the Child
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Health
- Person(s) affected
- Adolescents
- Children
- Persons with disabilities
- Year
- 2007
Paragraph
The rights of children with disabilities 2007, para. 62
- Paragraph text
- Children with disabilities have the same right to education as all other children and shall enjoy this right without any discrimination and on the basis of equal opportunity as stipulated in the Convention. For this purpose, effective access of children with disabilities to education has to be ensured to promote "the development of the child's personality, talents and mental and physical abilities to their fullest potential (see articles 28 and 29 of the Convention and the Committee's general comment No. 1 (2001) on the aims of education). The Convention recognizes the need for modification to school practices and for training of regular teachers to prepare them to teach children with diverse abilities and ensure that they achieve positive educational outcomes.
- Legal status
- Non-negotiated soft law
- Body
- Committee on the Rights of the Child
- Document type
- General Comment / Recommendation
- Topic(s)
- Education
- Equality & Inclusion
- Person(s) affected
- Children
- Persons with disabilities
- Year
- 2007
Paragraph
The rights of children with disabilities 2007, para. 63
- Paragraph text
- As children with disabilities are very different from each other, parents, teachers and other specialized professionals have to help each individual child to develop his or her ways and skills of communication, language, interaction, orientation and problem-solving which best fit the potential of this child. Everybody, who furthers the child's skills, abilities and self-development, has to precisely observe the child's progress and carefully listen to the child's verbal and emotional communication in order to support education and development in a well-targeted and most appropriate manner.
- Legal status
- Non-negotiated soft law
- Body
- Committee on the Rights of the Child
- Document type
- General Comment / Recommendation
- Topic(s)
- Education
- Equality & Inclusion
- Person(s) affected
- Children
- Persons with disabilities
- Year
- 2007
Paragraph
Witchcraft and the human rights of persons with albinism 2017, para. 17
- Paragraph text
- In the international human rights framework, persons with albinism have normative protection in the International Bill of Rights covering all their fundamental human rights, including the rights to life, physical integrity, liberty, security, the highest attainable standard of physical and mental health and an adequate standard of living. Further protection can be found in specific instruments, including the Convention on the Rights of Persons with Disabilities and the International Convention on the Elimination of All Forms of Racial Discrimination, which proscribes "racial discrimination" based on colour.
- Legal status
- Non-negotiated soft law
- Body
- Independent Expert on the enjoyment of human rights by persons with albinism
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Health
- Person(s) affected
- Persons with disabilities
- Year
- 2017
Paragraph
The right of the child to be heard 2009, para. 21
- Paragraph text
- [The Committee emphasizes that article 12 imposes no age limit on the right of the child to express her or his views, and discourages States parties from introducing age limits either in law or in practice which would restrict the child's right to be heard in all matters affecting her or him. In this respect, the Committee underlines the following:] Third, States parties are also under the obligation to ensure the implementation of this right for children experiencing difficulties in making their views heard. For instance, children with disabilities should be equipped with, and enabled to use, any mode of communication necessary to facilitate the expression of their views. Efforts must also be made to recognize the right to expression of views for minority, indigenous and migrant children and other children who do not speak the majority language.
- Legal status
- Non-negotiated soft law
- Body
- Committee on the Rights of the Child
- Document type
- General Comment / Recommendation
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- Children
- Ethnic minorities
- Persons on the move
- Persons with disabilities
- Year
- 2009
Paragraph
The right of the child to be heard 2009, para. 115
- Paragraph text
- Children require play, recreation, physical and cultural activities for their development and socialization. These should be designed taking into account children's preferences and capacities. Children who are able to express their views should be consulted regarding the accessibility and appropriateness of play and recreation facilities. Very young children and some children with disabilities, who are unable to participate in formal consultative processes, should be provided with particular opportunities to express their wishes.
- Legal status
- Non-negotiated soft law
- 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
- 2009
Paragraph
The implementation of the rights of the child during adolescence 2016, para. 31
- Paragraph text
- The Committee has previously highlighted the widespread prejudice, exclusion, social isolation and discrimination faced by many children with disabilities. Adolescents with disabilities are, in many States, commonly excluded from opportunities available to other adolescents. They can be barred from participating in social, cultural and religious rites of passage. Significant numbers are denied access to secondary or tertiary education or vocational training, and consequent acquisition of the social, educational and economic skills necessary for future employment and freedom from poverty. They are widely denied access to sexual and reproductive health information and services and may be subjected to forced sterilization or contraception, which is in direct violation of their rights and can amount to torture or ill-treatment. Adolescents with disabilities are disproportionately vulnerable to physical and sexual violence, as well as child or forced marriage, and are routinely denied access to justice or redress.
- Legal status
- Non-negotiated soft law
- Body
- Committee on the Rights of the Child
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Health
- Person(s) affected
- Adolescents
- Children
- Persons with disabilities
- Year
- 2016
Paragraph
The implementation of the rights of the child during adolescence 2016, para. 32
- Paragraph text
- States parties should introduce measures to overcome such barriers, guarantee equal respect for the rights of adolescents with disabilities, promote their full inclusion and facilitate effective transitions from adolescence to adulthood, consistent with article 23 of the Convention and the recommendations in general comment No. 9 (2006) on the rights of children with disabilities. Adolescents with disabilities should, in addition, be provided with opportunities for supported decision-making in order to facilitate their active participation in all matters concerning them.
- Legal status
- Non-negotiated soft law
- Body
- Committee on the Rights of the Child
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- Adolescents
- Children
- Persons with disabilities
- Year
- 2016
Paragraph
The right of persons with disabilities to social protection 2015, para. 57
- Paragraph text
- Second, even with a rights-based definition of persons with disabilities, it remains extremely difficult to determine whether a person is part of the targeted group or not. For instance, some countries may lack the administrative capacity required for disability determination in urban, rural and remote areas. The heterogeneity of the disability community makes targeting particularly challenging, especially in the case of invisible or episodic impairments. In some cases, corruption or medical discretion can also affect the disability assessments. Therefore, disability-targeting errors are very frequent.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the rights of persons with disabilities
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Person(s) affected
- Persons with disabilities
- Year
- 2015
Paragraph
The right of persons with disabilities to social protection 2015, para. 37
- Paragraph text
- Persons with disabilities who have not acquired entitlements to a contributory pension during their working lives face considerable difficulties in maintaining an adequate level of income security towards the end of their lives, when adequate non-contributory pensions are not available. Moreover, as they are often less likely to have a partner or to marry, intra-family support as an additional source of income security is often insufficient and unreliable. Therefore, social protection programmes are necessary to guarantee income security for older persons with disabilities and to provide support services. As disability rates are considerably higher among older persons, there is a growing demand for health and social care and support services to enable them to continue living independently and with dignity.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the rights of persons with disabilities
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Person(s) affected
- Older persons
- Persons with disabilities
- Year
- 2015
Paragraph
The right of persons with disabilities to social protection 2015, para. 73
- Paragraph text
- Lack of physical accessibility affects not only access to social protection programmes, but also to the provision of services and the delivery of benefits. An analysis of contributions received shows that in many countries, public and private infrastructure (e.g., schools, health-care centres and housing) is often inaccessible to persons with disabilities. Similarly, while cash benefits are commonly paid by direct transfer into bank accounts, the accessibility of bank services is not always ensured. The same applies to the distribution of benefits in kind, particularly in rural and remote areas.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the rights of persons with disabilities
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Health
- Person(s) affected
- Persons with disabilities
- Year
- 2015
Paragraph
The right of persons with disabilities to social protection 2015, para. 75
- Paragraph text
- Information, materials and communication pertaining to social protection programmes must not create barriers to the participation of persons with disabilities. Persons with sensory and intellectual impairments are often particularly affected. In fact, when information, materials and procedures are neither accessible nor easy to understand, persons with disabilities have no means of knowing about the existence of programmes and their requirements. This is important also because of the greater likelihood of persons with disabilities being illiterate because of lack of access to education.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the rights of persons with disabilities
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Equality & Inclusion
- Person(s) affected
- Persons with disabilities
- Year
- 2015
Paragraph
The right of persons with disabilities to social protection 2015, para. 76
- Paragraph text
- In this regard, the Committee on the Rights of Persons with Disabilities has stressed that States should ensure that 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. The Committee has also highlighted the importance of adopting measures to remove barriers to access to basic services, drinking water and sanitation in rural and remote areas, and to include organizations of persons with disabilities in the monitoring of their implementation.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the rights of persons with disabilities
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Social & Cultural Rights
- Water & Sanitation
- Person(s) affected
- Persons with disabilities
- Year
- 2015
Paragraph
The right of persons with disabilities to social protection 2015, para. 77
- Paragraph text
- States have an obligation to ensure that persons with disabilities are actively engaged in the development of social protection systems. The principle of participation is expressly recognized in article 3 (c) of the Convention on the Rights of Persons with Disabilities. Article 29 (b) of the Convention further requires States to promote an environment in which persons with disabilities can effectively and fully participate in the conduct of public affairs, on an equal basis with others, and to encourage their participation in public affairs. Article 4, paragraph 3, requires States to consult and involve persons with disabilities, including children with disabilities, in the development and implementation of legislation and policies to implement the Convention, and in other decision-making processes concerning issues relating to persons with disabilities.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the rights of persons with disabilities
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- Children
- Persons with disabilities
- Year
- 2015
Paragraph
The right of persons with disabilities to social protection 2015, para. 79
- Paragraph text
- In most cases, however, States do not systematically consult with persons with disabilities. A majority of the contributions received for the present report illustrate either a lack of consultation or sporadic, merely symbolic processes, with unrealistic time frames. Additionally, when consultations are undertaken, they are often limited to disability-specific programmes (rather than being on overall policies or strategies on social protection) or are conducted only at the central level. Organizations of persons with disabilities need to be informed of ongoing efforts, and processes need to be clear, accessible and disability-friendly, given that organizations of persons with disabilities are often underresourced and unfamiliar with the field of public decision-making and their right to participate therein.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the rights of persons with disabilities
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- Persons with disabilities
- Year
- 2015
Paragraph
The right of persons with disabilities to social protection 2015, para. 80
- Paragraph text
- States should also ensure that the diversity of persons with disabilities is represented and consulted in decision-making processes related to the right to social protection. However, persons with autism, intellectual impairment and psychosocial disabilities, as well as children and older persons with disabilities are often excluded from such consultations, because they are less likely to have their own representative organizations. Finally, indigenous persons with disabilities and persons with disabilities living below the poverty line or in rural or remote areas, face additional, multi-faceted barriers to participation.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the rights of persons with disabilities
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Person(s) affected
- Children
- Persons with disabilities
- Year
- 2015
Paragraph
The right of persons with disabilities to social protection 2015, para. 64
- Paragraph text
- Disability-related needs should be considered and addressed in all areas of the social protection system. In many countries, the lack of availability of services is problematic: health coverage, for instance, does not always include specialized health services or assistive devices that persons with disabilities may need. Thus, they must bear, with their households, the cost of accessing those services or devices. Similarly, public employment and housing programmes often do not guarantee appropriate conditions for persons with disabilities to actually benefit from those programmes.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the rights of persons with disabilities
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Health
- Person(s) affected
- Persons with disabilities
- Year
- 2015
Paragraph
The right of persons with disabilities to social protection 2015, para. 65
- Paragraph text
- States should ensure that benefits are sufficiently high to enable persons with disabilities to afford the goods and services required to enjoy at least a minimum essential level of economic, social and cultural rights. The Committee on the Rights of Persons with Disabilities has stressed the importance of taking into account disability-related costs to ensure a sufficient allocation of benefits, in particular for children with disabilities and their families. The Committee has also recommended calculating benefits on the basis of the personal characteristics and circumstances and the needs of persons with disabilities.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the rights of persons with disabilities
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Person(s) affected
- Children
- Persons with disabilities
- Year
- 2015
Paragraph
The right of persons with disabilities to social protection 2015, para. 66
- Paragraph text
- Like other programmes, conditional cash transfer programmes must take into account disability-related needs. However, there is growing evidence that the conditionalities attached to these programmes tend to exclude persons with disabilities owing to structural barriers. This includes, for instance, the lack of inclusive education that precludes children with disabilities from attending school or the lack of accessible information that impedes deaf persons from participating in training or meetings with the social services. In response, some conditional cash transfer programmes have opted to exempt persons with disabilities from the conditionalities that they cannot fulfil because of existing external barriers. While such exemptions allow persons with disabilities to fight short-term poverty, they contradict the overall goal of investing in human capabilities to promote social inclusion and active participation, and represent a missed opportunity to address longer-term poverty.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the rights of persons with disabilities
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Poverty
- Person(s) affected
- Children
- Persons with disabilities
- Year
- 2015
Paragraph
The right of persons with disabilities to social protection 2015, para. 83
- Paragraph text
- To guarantee progressive realization of the right to social protection, States should formulate strategies and plans that include realistic, achievable and measurable indicators and time-bound targets, designed to assess progress in its implementation. In addition, States should adopt adequate laws and policies, and disburse funds to implement these plans and strategies. States must refrain from entrusting private charities with funding responsibility for persons with disabilities, owing to the unsustainability of this approach and the possible negative impact on the rights of persons with disabilities.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the rights of persons with disabilities
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- Persons with disabilities
- Year
- 2015
Paragraph
The right of persons with disabilities to social protection 2015, para. 84
- Paragraph text
- In practice, since the financial crisis of 2008, many countries have been reducing their social protection systems, disproportionately affecting persons with disabilities. In some countries, austerity measures include cuts in or caps on disability benefits, stricter eligibility criteria, the elimination or reduction of subsidies and tax credits, and reduced expenditure on community support services, such as in-home services and personal assistance. These cuts are not only affecting the standard of living of those who relied on such benefits, but also limit their capacity to live independently, often leading to their institutionalization.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the rights of persons with disabilities
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Humanitarian
- Person(s) affected
- Persons with disabilities
- Year
- 2015
Paragraph
Persons with Disabilities 1994, para. 18
- Paragraph text
- 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.
- Legal status
- Non-negotiated soft law
- Body
- Committee on Social, Economic and Cultural Rights
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Person(s) affected
- Persons with disabilities
- Year
- 1994
Paragraph
Persons with Disabilities 1994, para. 24
- Paragraph text
- The "technical and vocational guidance and training programmes" required under article 6 (2) of the Covenant should reflect the needs of all persons with disabilities, take place in integrated settings, and be planned and implemented with the full involvement of representatives of persons with disabilities.
- Legal status
- Non-negotiated soft law
- Body
- Committee on Social, Economic and Cultural Rights
- Document type
- General Comment / Recommendation
- Topic(s)
- Education
- Equality & Inclusion
- Person(s) affected
- Persons with disabilities
- Year
- 1994
Paragraph
Persons with Disabilities 1994, para. 27
- Paragraph text
- The International Labour Organization has developed valuable and comprehensive instruments with respect to the work related rights of persons with disabilities, including in particular Convention No. 159 (1983) concerning vocational rehabilitation and employment of persons with disabilities. The Committee encourages States parties to the Covenant to consider ratifying that Convention.
- Legal status
- Non-negotiated soft law
- Body
- Committee on Social, Economic and Cultural Rights
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- Persons with disabilities
- Year
- 1994
Paragraph
Persons with Disabilities 1994, para. 32
- Paragraph text
- Children with disabilities are especially vulnerable to exploitation, abuse and neglect and are, in accordance with article 10 (3) of the Covenant (reinforced by the corresponding provisions of the Convention on the Rights of the Child), entitled to special protection.
- Legal status
- Non-negotiated soft law
- Body
- Committee on Social, Economic and Cultural Rights
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Violence
- Person(s) affected
- Children
- Persons with disabilities
- Year
- 1994
Paragraph
Equal recognition before the law 2014, para. 51
- Paragraph text
- The Committee encourages States parties to undertake or devote resources to the research and development of best practices respecting the right to equal recognition of the legal capacity of persons with disabilities and support in the exercise of legal capacity.
- Legal status
- Non-negotiated soft law
- Body
- Committee on the Rights of Persons with Disabilities
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- Persons with disabilities
- Year
- 2014
Paragraph
Women and girls with disabilities 2016, para. 41
- Paragraph text
- A lack of access to sexuality information for women with disabilities, especially women with intellectual disabilities, deaf and deafblind women, can increase their risk of sexual violence .
- Legal status
- Non-negotiated soft law
- Body
- Committee on the Rights of Persons with Disabilities
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Gender
- Person(s) affected
- Girls
- Persons with disabilities
- Women
- Year
- 2016
Paragraph
Mandate, working methods, work plan for the mandate 2015, para. 4
- Paragraph text
- The establishment of the new mandate comes as important recognition of how far the global community has come in the recent past in the advancement and the promotion of the rights of persons with disabilities. In a very short period of time, there has been an extraordinary paradigm shift, a change in the way persons with disabilities have been perceived and hence treated. From its initial focus on charity and medical considerations, the international community has moved towards a model that recognizes that social and environmental barriers are the real obstacles for the enjoyment of human rights by persons with disabilities. It is in that interaction between a person with an impairment and his or her environment where discrimination and rights violations arise, resulting in disability, and it is only by addressing those social aspects that persons with disabilities will be fully included in their communities.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the rights of persons with disabilities
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Person(s) affected
- Persons with disabilities
- Year
- 2015
Paragraph
Mandate, working methods, work plan for the mandate 2015, para. 5
- Paragraph text
- The United Nations system has been responsive to this shift in paradigm and become, over the years, a main actor in promoting a human rights-based approach to disability. While the General Assembly started to include persons with disabilities in its resolutions in the 1950s, human rights language became visible in the 1970s through the adoption of two declarations: the Declaration on the Rights of Mentally Retarded Persons of 1971, and the Declaration on the Rights of Disabled Persons of 1975. The United Nations system paid increasing attention to persons with disabilities throughout the 1980s, adopting in 1982 the World Programme of Action concerning Disabled Persons, and proclaiming the period 1983-1992 the United Nations Decade of Disabled Persons.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the rights of persons with disabilities
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- Persons with disabilities
- Year
- 2015
Paragraph
Mandate, working methods, work plan for the mandate 2015, para. 21c
- Paragraph text
- [In addition and within the framework of her mandate, the Special Rapporteur intends to undertake her tasks through the following working methods:] Technical assistance and knowledge development. In accordance with Council resolution 26/20, the Special Rapporteur will conduct, facilitate and support the provision of advisory services, technical assistance, capacity-building and international cooperation to support national efforts aimed at the effective realization of the rights of persons with disabilities. Furthermore, whenever relevant and with a view to informing her technical advisory role, she aims to contribute to the development of knowledge and standards on the rights of persons with disabilities, focusing on thematic issues which have emerged as a priority in discussions with stakeholders. The Special Rapporteur also aims to convene expert meetings in order to be informed of the latest developments with regard to specific thematic issues and relevant laws, policies and practices.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the rights of persons with disabilities
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- Persons with disabilities
- Year
- 2015
Paragraph
Mandate, working methods, work plan for the mandate 2015, para. 10a
- Paragraph text
- [The Convention on the Rights of Persons with Disabilities accelerated the momentum with regard to the rights of persons with disabilities, and increased attention to the issue within the global community. The eight years since the adoption of the Convention have witnessed a mobilization within the United Nations system towards greater protection of the rights of persons with disabilities, the key developments including:] The establishment of the Conference of States Parties to the Convention, on the Rights of Persons with Disabilities, which convened for the first time in 2008 at Headquarters in New York. The annual Conference and its parallel events gather an important number of stakeholders to exchange views on progress and challenges in implementing the Convention.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the rights of persons with disabilities
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- Persons with disabilities
- Year
- 2015
Paragraph
Mandate, working methods, work plan for the mandate 2015, para. 10b
- Paragraph text
- [The Convention on the Rights of Persons with Disabilities accelerated the momentum with regard to the rights of persons with disabilities, and increased attention to the issue within the global community. The eight years since the adoption of the Convention have witnessed a mobilization within the United Nations system towards greater protection of the rights of persons with disabilities, the key developments including:] The creation in 2008 of the Committee on the Rights of Persons with Disabilities, which held its first session in Geneva in 2009. In response to a rapidly increasing number of ratifications, the amount of State party received, and the need for interpretation and guidance on Convention provisions, the Committee has grown from 12 to 18 members and meets for two four-week sessions and two pre-sessional working group sessions annually. To date, the Committee has reviewed 19 States party initial reports, held three days of general discussion and issued two general comments: on equal recognition before the law (art. 12), and on accessibility (art. 9).
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the rights of persons with disabilities
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- Persons with disabilities
- Year
- 2015
Paragraph
Mandate, working methods, work plan for the mandate 2015, para. 10c
- Paragraph text
- [The Convention on the Rights of Persons with Disabilities accelerated the momentum with regard to the rights of persons with disabilities, and increased attention to the issue within the global community. The eight years since the adoption of the Convention have witnessed a mobilization within the United Nations system towards greater protection of the rights of persons with disabilities, the key developments including:] The inclusion of the rights of persons with disabilities in the work of the Human Rights Council. The Council adopted its first resolution on the human rights of persons with disabilities, resolution 7/9, in 2008, in which it decided to hold an annual interactive debate on the issue. Since its tenth session, the Council has held an annual discussion on a broad variety of topics, each time requesting the Office of the United Nations High Commissioner for Human Rights (OHCHR) to present a thematic report on the issue under discussion. In addition, the Council has advanced in making its work accessible to and inclusive of persons with disabilities, and in mainstreaming disability in other areas of work.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the rights of persons with disabilities
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- Persons with disabilities
- Year
- 2015
Paragraph
Equal recognition before the law 2014, para. 17
- Paragraph text
- Support in the exercise of legal capacity must respect the rights, will and preferences of persons with disabilities and should never amount to substitute decision-making. Article 12, paragraph 3, does not specify what form the support should take. "Support" is a broad term that encompasses both informal and formal support arrangements, of varying types and intensity. For example, persons with disabilities may choose one or more trusted support persons to assist them in exercising their legal capacity for certain types of decisions, or may call on other forms of support, such as peer support, advocacy (including self-advocacy support), or assistance with communication. Support to persons with disabilities in the exercise of their legal capacity might include measures relating to universal design and accessibility - for example, requiring private and public actors, such as banks and financial institutions, to provide information in an understandable format or to provide professional sign language interpretation - in order to enable persons with disabilities to perform the legal acts required to open a bank account, conclude contracts or conduct other social transactions. Support can also constitute the development and recognition of diverse, non-conventional methods of communication, especially for those who use non-verbal forms of communication to express their will and preferences. For many persons with disabilities, the ability to plan in advance is an important form of support, whereby they can state their will and preferences which should be followed at a time when they may not be in a position to communicate their wishes to others. All persons with disabilities have the right to engage in advance planning and should be given the opportunity to do so on an equal basis with others. States parties can provide various forms of advance planning mechanisms to accommodate various preferences, but all the options should be non-discriminatory. Support should be provided to a person, where desired, to complete an advance planning process. The point at which an advance directive enters into force (and ceases to have effect) should be decided by the person and included in the text of the directive; it should not be based on an assessment that the person lacks mental capacity.
- Legal status
- Non-negotiated soft law
- Body
- Committee on the Rights of Persons with Disabilities
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- Persons with disabilities
- Year
- 2014
Paragraph
Equal recognition before the law 2014, para. 1
- Paragraph text
- Equality before the law is a basic general principle of human rights protection and is indispensable for the exercise of other human rights. The Universal Declaration of Human Rights and the International Covenant on Civil and Political Rights specifically guarantee the right to equality before the law. Article 12 of the Convention on the Rights of Persons with Disabilities further describes the content of this civil right and focuses on the areas in which people with disabilities have traditionally been denied the right. Article 12 does not set out additional rights for people with disabilities; it simply describes the specific elements that States parties are required to take into account to ensure the right to equality before the law for people with disabilities, on an equal basis with others.
- Legal status
- Non-negotiated soft law
- Body
- Committee on the Rights of Persons with Disabilities
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- Persons with disabilities
- Year
- 2014
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.
- Legal status
- Non-negotiated soft law
- 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. 23
- Paragraph text
- Article 12, paragraph 5, requires States parties to take measures, including legislative, administrative, judicial and other practical measures, to ensure the rights of persons with disabilities with respect to financial and economic affairs, on an equal basis with others. Access to finance and property has traditionally been denied to persons with disabilities based on the medical model of disability. That approach of denying persons with disabilities legal capacity for financial matters must be replaced with support to exercise legal capacity, in accordance with article 12, paragraph 3. In the same way as gender may not be used as the basis for discrimination in the areas of finance and property, neither may disability.
- Legal status
- Non-negotiated soft law
- Body
- Committee on the Rights of Persons with Disabilities
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- Persons with disabilities
- Year
- 2014
Paragraph
Equal recognition before the law 2014, para. 24
- Paragraph text
- States parties have an obligation to respect, protect and fulfil the right of all persons with disabilities to equal recognition before the law. In this regard, States parties should refrain from any action that deprives persons with disabilities of the right to equal recognition before the law. States parties should take action to prevent non-State actors and private persons from interfering with the ability of persons with disabilities to realize and enjoy their human rights, including the right to legal capacity. One of the aims of support in the exercise of legal capacity is to build the confidence and skills of persons with disabilities so that they can exercise their legal capacity with less support in the future, if they so wish. States parties have an obligation to provide training for persons receiving support so that they can decide when less support is needed or when they no longer require support in the exercise of their legal capacity.
- Legal status
- Non-negotiated soft law
- Body
- Committee on the Rights of Persons with Disabilities
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- Persons with disabilities
- Year
- 2014
Paragraph
Equal recognition before the law 2014, para. 7
- Paragraph text
- States parties must holistically examine all areas of law to ensure that the right of persons with disabilities to legal capacity is not restricted on an unequal basis with others. Historically, persons with disabilities have been denied their right to legal capacity in many areas in a discriminatory manner under substitute decision-making regimes such as guardianship, conservatorship and mental health laws that permit forced treatment. These practices must be abolished in order to ensure that full legal capacity is restored to persons with disabilities on an equal basis with others.
- Legal status
- Non-negotiated soft law
- Body
- Committee on the Rights of Persons with Disabilities
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Health
- Person(s) affected
- Persons with disabilities
- Year
- 2014
Paragraph
Mandate, working methods, work plan for the mandate 2015, para. 41
- Paragraph text
- In accordance with her mandate described by the Human Rights Council in its resolution 26/20, the Special Rapporteur aims to respond to the expectations of a broad range of stakeholders of an acceleration in the advances made in the rights of persons with disabilities. She intends to carry out the mandate in a comprehensive and collaborative manner, working closely with States, the United Nations system, academia, persons with disabilities, their representative organizations and other stakeholders towards concrete results. The mandate is comprehensive and presents a great opportunity for change. In order to ensure the effective implementation thereof, and in a spirit of collaboration, the Special Rapporteur calls out for support in her endeavours with a view to ensuring that her work brings about real change in the lives of persons with disabilities and the realization of their human rights without discrimination and on an equal basis with others.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the rights of persons with disabilities
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- Persons with disabilities
- Year
- 2015
Paragraph
Disability-inclusive policies 2016, para. 14
- Paragraph text
- Furthermore, household poverty rates do not consider the allocation of resources within a household. Evidence shows that persons with disabilities often do not get a share of their household's resources. For instance, if resources are tight, parents may pay for the education of their non-disabled children but not for those with a disability. Studies using multidimensional indices of poverty therefore show a greater poverty gap between persons with and without disabilities. All those considerations need to be taken into account to fight poverty among persons with disabilities and to achieve the goal of ending poverty in all its forms everywhere.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the rights of persons with disabilities
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Poverty
- Person(s) affected
- Children
- Persons with disabilities
- Year
- 2016
Paragraph
Disability-inclusive policies 2016, para. 36
- Paragraph text
- Although many States have accessibility standards and/or guidelines in place, often they are not compulsory or only meet the needs of persons with physical impairments. Significant gaps remain in relation to particular groups, such as blind persons, deaf persons, persons with intellectual disabilities and autistic persons, particularly in the area of information and communications. For example, most public sector websites are not accessible. Contributions to the present report show that standards and regulations on accessibility are fragmented by sector, which tends to hinder effective coordination between different institutions, departments or companies in charge of their implementation. National standards and regulations on accessibility and universal design should be designed in close cooperation with all relevant stakeholders, including representative organizations of persons with disabilities, and in accordance with existing international standards in order to ensure interoperability across countries.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the rights of persons with disabilities
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Health
- Person(s) affected
- Persons with disabilities
- Year
- 2016
Paragraph
Disability-inclusive policies 2016, para. 37
- Paragraph text
- While universal design should be incorporated in all new infrastructures, programmes and services, full accessibility cannot be implemented overnight. In the interim, it is therefore important to develop strategies and time -bound action plans to make public and private facilities and services accessible for persons with disabilities. Whereas retrofitting all structures in the short term may not be feasible, requiring that all new constructions and renovations follow accessibility and universal design standards has limited cost implications. Estimates indicate that it would only add about 1 per cent to construction costs.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the rights of persons with disabilities
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Gender
- Person(s) affected
- Persons with disabilities
- Year
- 2016
Paragraph
Disability-inclusive policies 2016, para. 16
- Paragraph text
- Furthermore, it is impossible to measure the loss to society of excluding the talents and perspectives of persons with disabilities. Whether it is in the sciences, the arts or industry, persons with disabilities have much to contribute to society that goes unrealized when they are not given the opportunity to participate. A recently published history of autism shows how a growing understanding of the capacities of persons with disabilities and the efforts to break down barriers to participation can unleash major contributions to society.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the rights of persons with disabilities
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Person(s) affected
- Persons with disabilities
- Year
- 2016
Paragraph
Disability-inclusive policies 2016, para. 31
- Paragraph text
- As with racism, sexism, ageism and xenophobia, ableism is a prevalent problem in all societies that must be acknowledged and contested. The assu mption that persons with disabilities have less value than others lies at the root of many problematic policies and programmes related to persons with disabilities. However, whereas other forms of intolerance are increasingly challenged by public opinion, ableist ways of thinking usually legitimize the rhetoric behind different forms of discrimination against persons with disabilities. The Convention on the Rights of Persons with Disabilities carries an enormous potential to challenge negative assumptions regarding persons with disabilities and to foster respect for their rights and dignity. To combat ableism, States must respect and embrace diversity by promoting awareness throughout society of the capabilities and contributions of persons with disabilities and accepting them as part of human diversity.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the rights of persons with disabilities
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Person(s) affected
- Persons with disabilities
- Year
- 2016
Paragraph
Disability-inclusive policies 2016, para. 17
- Paragraph text
- There are many elements to be considered in implementing disability-inclusive policies at the national level. While full inclusion cannot happen overnight, any State can begin by taking positive and meaningful action towards creating more inclusive societies. That entails changing the way in which State officials and policymakers think about persons with disabilities and establishing a policy framework that is responsive to their demands and needs. In that regard, the present report aims to raise awareness and call the attention of States to the most pressing issues when designing and implementing any policy.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the rights of persons with disabilities
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Person(s) affected
- Persons with disabilities
- Year
- 2016
Paragraph
Disability-inclusive policies 2016, para. 18
- Paragraph text
- The initial step towards establishing an inclusive policy framework involves three key aspects. First, the existence of a non-discrimination framework that prohibits discrimination on the basis of disability in all areas of life and ensures that reasonable accommodation is provided to persons with disabilities. Second, accessibility is a requirement that must be set up to enable persons with disabilities to access and enjoy all programmes and services and to participate fully and independently in society. Third, the availability of services and the provision of assistive devices that support the autonomy and inclusion of persons with disabilities, allowing them to benefit from all policies and programmes on an equal basis with others.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the rights of persons with disabilities
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Person(s) affected
- Persons with disabilities
- Year
- 2016
Paragraph
Disability-inclusive policies 2016, para. 69
- Paragraph text
- At the very least, States should establish complaint mechanisms for persons with disabilities to lodge grievances against non-compliance with laws and regulations. Those grievances should be investigated and sanctioned accordingly. National human rights institutions and independent mechanisms to promote, protect and monitor implementation of the Convention can play a key role in carrying out inquiries and investigations into the implementation of policies and programmes (as required by article 33 (2)), as well as providing assistance to persons with disabilities in accessing legal remedies. Consumer protection agencies have also demonstrated that they can be an effective mechanism for challenging non-compliance with the rights of persons with disabilities.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the rights of persons with disabilities
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- Persons with disabilities
- Year
- 2016
Paragraph
Disability-inclusive policies 2016, para. 27
- Paragraph text
- States need to take all necessary measures to eliminate discrimination on the basis of disability by any person, organization or private enterprise, including private schools, health-care providers, employers and providers of goods and services. Contributions to the present report illustrate that, in many cases, the non-discrimination provisions for persons with disabilities, in particular the duty of States to provide reasonable accommodation, applied exclusively to public entities, could not thus be invoked in cases of discrimination by private actors. States must enforce the provision of reasonable accommodation in both the public and private sectors.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the rights of persons with disabilities
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Health
- Person(s) affected
- Persons with disabilities
- Year
- 2016
Paragraph
Disability-inclusive policies 2016, para. 59
- Paragraph text
- The promotion of gender equality is also a critical aspect to be included in disability-inclusive policies. Men and women with disabilities face different forms of exclusion and discrimination throughout their life cycle and expectations relating to their role within the family, school, workplace and the community also differ greatly and vary widely across countries. While many States have adopted legal frameworks to guarantee equality of rights between women and men, as well as national gender action plans, only a few have taken concrete action to address the specific needs of women and girls with disabilities, to enhance their participation and to dismantle the barriers they face.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the rights of persons with disabilities
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Gender
- Person(s) affected
- Girls
- Men
- Persons with disabilities
- Women
- Year
- 2016
Paragraph
Disability-inclusive policies 2016, para. 29
- Paragraph text
- States might also consider adopting specific measures to accelerate or achieve de facto equality of persons with disabilities, in order to increase their participation in different areas, such as education, employment or political participation, as foreseen in article 5 (4) of the Convention on the Rights of Persons with Disabilities. For instance, many States have already implemented positive measures or affirmative actions, in particular employment quotas, to combat discrimination against persons with disabilities at work. Nevertheless, it is worth noting that in the absence of human rights-based public policies oriented to combating the structural disadvantages faced by persons with disabilities, the impact of those positive measures will be insufficient to prompt a change towards more inclusive societies.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the rights of persons with disabilities
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Person(s) affected
- Persons with disabilities
- Year
- 2016
Paragraph
The right of persons with disabilities to participate in decision-making 2016, para. 17
- Paragraph text
- Such participatory processes had a positive impact on the quality of the treaty and its relevance for persons with disabilities. Furthermore, the importance given in the Convention on the Rights of Persons with Disabilities to full and effective participation by all persons with disabilities represents a profound paradigm shift in international human rights law whereby persons with disabilities are not "objects" to be cared for but rather "subjects" enjoying human rights and fundamental freedoms on an equal basis with others. While the core international human rights instruments already considered persons with disabilities on an equal basis with others, before the adoption of the Convention on the Rights of Persons with Disabilities those legal obligations were rarely used to advance the rights of persons with disabilities. Moreover, persons with disabilities faced significant barriers to participation in public life and often had their views disregarded in favour of those of representatives of "organizations for persons with disabilities" and other groups of "experts".
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the rights of persons with disabilities
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- Persons with disabilities
- Year
- 2016
Paragraph
Disability-inclusive policies 2016, para. 51
- Paragraph text
- States should consider integrating as many assistance and support services as possible into their existing policies and programmes. In fact, to access the majority of public education, employment, justice or health programmes and services, many persons with disabilities need some kind of support or assistance. Children with disabilities may need additional support in schools, a person with psychosocial disabilities may require support in applying for disability benefits, a person with intellectual disabilities may need a job coach to access employment. States should budget and plan for such services when designing their policies and programmes.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the rights of persons with disabilities
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Person(s) affected
- Children
- Persons with disabilities
- Year
- 2016
Paragraph
Disability-inclusive policies 2016, para. 62
- Paragraph text
- In the same vein, while the reasons for including persons with disabilities in more specialized or technical areas of government, such as energy, agriculture or climate change, may not seem obvious at first, it is important to do so. Policies and programmes in those areas respond to people's needs and thus can have an impact on the lives of persons with disabilities. Persons with disabilities, for example, experience the effects of climate change differently and more severely than persons without disabilities. It is therefore important to analyse the implications of all policies and programmes for persons with disabilities, to ensure that they are inclusive.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the rights of persons with disabilities
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Equality & Inclusion
- Person(s) affected
- Persons with disabilities
- Year
- 2016
Paragraph
The right of persons with disabilities to participate in decision-making 2016, para. 52
- Paragraph text
- Securing sustainable funding is one of the main challenges faced by representative organizations of persons with disabilities. Contributions to the present report illustrate that some States have established temporary or permanent funds to support the functioning of these representative organizations as well as the participation of persons with disabilities in various decision-making processes. While those schemes are important for the sustainability of representative organizations, the broad discretion of State authorities to allocate resources is of concern, as it may affect the independence and autonomy of organizations. Moreover, it is worrisome that in some cases, State funds are only intended for the provision of services, which limits the funding opportunities for existing and potential organizations focusing primarily on advocacy.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the rights of persons with disabilities
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- Persons with disabilities
- Year
- 2016
Paragraph
The right of persons with disabilities to participate in decision-making 2016, para. 53
- Paragraph text
- When organizations are unable to access domestic funds to support their activities, due either to a lack of or the limited availability of government funding, or a lack of interest by the private sector, they often rely on external sources. In such cases, donors' preferences for funding activities rather than core institutional functions, as well as their sometimes narrow agendas, can prevent representative organizations of persons with disabilities from establishing a viable organizational structure. Such trends have an impact on organizations' long-term planning and engagement in a given area. Furthermore, the lack of a financial or funding history prevents many grass-roots organizations from applying for any type of funding.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the rights of persons with disabilities
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- Persons with disabilities
- Year
- 2016
Paragraph
The right of persons with disabilities to participate in decision-making 2016, para. 54
- Paragraph text
- The recommendation formulated by the Committee on the Rights of Persons with Disabilities to increase the public resources available for representative organizations of persons with disabilities, including those representing children with disabilities, should be implemented to enable them to fulfil their role under the Convention on the Rights of Persons with Disabilities. States should not only economically support the establishment and strengthening of organizations of persons with disabilities, but also allow them to access foreign funding as a part of international cooperation, which CSOs are also entitled to benefit from.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the rights of persons with disabilities
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- Children
- Persons with disabilities
- Year
- 2016
Paragraph
The right of persons with disabilities to participate in decision-making 2016, para. 56
- Paragraph text
- Representative organizations of persons with disabilities should build collaborative relationships with other actors, including CSOs from other sectors, NGOs, human rights defenders, providers of services, political parties, multilateral organizations and international cooperation agencies, to work collectively for respect of the human rights and fundamental freedoms of persons with disabilities. Collaboration requires a common understanding of the human rights-based approach to disability, thus avoiding charity-based and paternalistic approaches. The rights of persons with disabilities are not "disability-specific" rights but universal human rights that apply to all human beings.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the rights of persons with disabilities
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- Persons with disabilities
- Year
- 2016
Paragraph
The right of persons with disabilities to participate in decision-making 2016, para. 49
- Paragraph text
- Pursuant to their obligations under the Convention on the Rights of Persons with Disabilities, States should strengthen the capacity of representative organizations of persons with disabilities to participate in policymaking, by providing capacity-building and training on a rights-based approach to disability. States should also build the competencies, knowledge and skills required by representative organizations to advocate for their full and effective participation in society (e.g. on topics such as strategic planning, communication, information disclosure, stakeholder consultations, networking, advocacy and independent monitoring mechanisms).
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the rights of persons with disabilities
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- Persons with disabilities
- Year
- 2016
Paragraph
The right of persons with disabilities to participate in decision-making 2016, para. 31
- Paragraph text
- As persons with disabilities constitute at least 15 per cent of the global population, which equates to 1 billion people, their participation in the implementation of policies and programmes can have a profound effect on societies. Their ability to actively participate in the labour market, education, family life, leisure, culture and sport on an equal basis with others requires the breaking down of multiple cross-cutting attitudinal, structural and physical barriers. The inclusion of persons with disabilities in all matters, including but not limited to disability-specific processes, directly tackles these barriers and avoids the creation of new ones. Their active inclusion sends a clear message to decision makers and the society at large that persons with disabilities are rights holders capable of participating and engaging meaningfully at all levels of society.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the rights of persons with disabilities
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Person(s) affected
- Persons with disabilities
- Year
- 2016
Paragraph
The right of persons with disabilities to participate in decision-making 2016, para. 32
- Paragraph text
- There is increasing recognition that participation is a critical component of good governance and democracy. Civil society is an important vehicle for channelling the interests and expectations of its members and groups who may be experiencing barriers in participation. CSOs are strategic actors that can encourage States' transparency and accountability and can encourage States to fight inequality and exclusion. Organizations of persons with disabilities can play an important role in promoting effective governance, holding authorities accountable and making them responsive to their needs, and in improving public management and human rights protection. Responses to the questionnaire highlighted numerous good practices regarding the participation of persons with disabilities in public decision-making, which demonstrate their role and added value in policy design and in the subsequent implementation and monitoring processes.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the rights of persons with disabilities
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- Persons with disabilities
- Year
- 2016
Paragraph
Access to rights-based support for persons with disabilities 2017, para. 19
- Paragraph text
- Regretfully, there is little public and political interest or attention to the support needs of persons with disabilities. In many countries, support is not included in national legislation and policies and, when available, it is an underfunded residual service with scarce provision that does not match people's needs. Moreover, whereas there are some forms of formal support for persons with disabilities in many high-income countries, this is not the case in many low- and middle-income countries. Consequently, the majority of persons with disabilities have to rely on informal forms of support, primarily from their families and personal networks.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the rights of persons with disabilities
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Person(s) affected
- Persons with disabilities
- Year
- 2017
Paragraph
The right of persons with disabilities to participate in decision-making 2016, para. 61
- Paragraph text
- Representative organizations of persons with disabilities should promote the participation of women and girls with disabilities, as well as that of persons with disabilities from all population groups, as active members, in a spirit of pluralism and inclusiveness. While representative organizations of persons with disabilities may have different agendas and different engagement at various levels of government, this multiplicity of interests and strategies should not lead to the exclusion of specific groups of persons with disabilities. Only by embracing its diversity will the disability movement find its strength.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the rights of persons with disabilities
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Person(s) affected
- Girls
- Persons with disabilities
- Women
- Year
- 2016
Paragraph
The right of persons with disabilities to participate in decision-making 2016, para. 36
- Paragraph text
- Representative organizations of persons with disabilities are non-governmental membership-based organizations created with the aim of collectively acting, expressing, promoting, pursuing and/or defending a field of common interest. Led and controlled by persons with disabilities, these organizations should be recognized by the sector that they aim to represent, and may use different strategies to promote their goals, including advocacy, awareness-raising, service delivery and peer support. They can operate as individual organizations, coalitions, or umbrella organizations of persons with disabilities that seek to provide a coordinated voice of the disability movement in its interaction with public authorities. Organizations of parents of children with disabilities are key to facilitating, promoting and securing the autonomy and active participation of their children, with the will and preferences of the child always being respected and their evolving capacities always being taken into account.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the rights of persons with disabilities
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- Children
- Persons with disabilities
- Year
- 2016
Paragraph
The right of persons with disabilities to participate in decision-making 2016, para. 37
- Paragraph text
- The Convention on the Rights of Persons with Disabilities has accelerated the process of establishing organizations of self-advocates with intellectual disabilities, of autistic persons and of other individuals who may need extensive support to express their positions. Organizations of parents and relatives of persons requiring support have often played a role in providing such support and one can find organizations that include parents as well as self-advocates. The role of parents in such organizations should increasingly move towards the provision of support, with self-advocates in full control.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the rights of persons with disabilities
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Health
- Person(s) affected
- Families
- Persons with disabilities
- Year
- 2016
Paragraph
The right of persons with disabilities to participate in decision-making 2016, para. 90
- Paragraph text
- Consequently, the establishment of any national framework for the implementation or monitoring of the Convention on the Rights of Persons with Disabilities must include persons with disabilities through their organizations. These frameworks must be operated in a transparent manner and persons with disabilities must be allowed to define the criteria of representativeness in accordance with their own procedures. The autonomy and independence of the monitoring mechanisms and of representative organizations must be ensured in order to enable their effectiveness.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the rights of persons with disabilities
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Health
- Person(s) affected
- Persons with disabilities
- Year
- 2016
Paragraph
The right of persons with disabilities to participate in decision-making 2016, para. 91
- Paragraph text
- The Convention on the Rights of Persons with Disabilities underscores the importance of the participation of persons with disabilities and their representative organizations at the international level. It invites States to consult and involve representative organizations of persons with disabilities in the preparation of State party reports to the Committee on the Rights of Persons with Disabilities (see art. 35 (4) of the Convention). States should also consult with persons with disabilities when preparing their reports for other human rights mechanisms, such as other treaty bodies, the universal periodic review and the special procedures.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the rights of persons with disabilities
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Health
- Person(s) affected
- Persons with disabilities
- Year
- 2016
Paragraph
The right of persons with disabilities to participate in decision-making 2016, para. 92
- Paragraph text
- The Convention on the Rights of Persons with Disabilities also invites States to closely consult and actively involve persons with disabilities, through their representative organizations, when nominating candidates to serve as experts for the Committee on the Rights of Persons with Disabilities (see art. 34 (3) of the Convention). This provides an opportunity for persons with disabilities to suggest qualified candidates and to be nominated as members of the Committee. States should encourage applications from persons with disabilities and support their participation in election processes for this Committee and those of other treaty bodies.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the rights of persons with disabilities
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Person(s) affected
- Persons with disabilities
- Year
- 2016
Paragraph
The right of persons with disabilities to participate in decision-making 2016, para. 93
- Paragraph text
- In recent years, several proposals have been made to strengthen the treaty body system and overcome past challenges, including engagement with civil society. The ability of persons with disabilities and their representative organizations to participate in international human rights monitoring requires the availability of procedures and information in accessible formats. The universal periodic review, the human rights treaty bodies and the special procedures of the Human Rights Council, as well as regional human rights bodies, should increase efforts in this regard.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the rights of persons with disabilities
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Health
- Person(s) affected
- Persons with disabilities
- Year
- 2016
Paragraph
The right of persons with disabilities to participate in decision-making 2016, para. 96
- Paragraph text
- International cooperation is pivotal to support national efforts for the realization of the purpose and objectives of the Convention on the Rights of Persons with Disabilities, especially in developing countries. States must undertake appropriate and effective measures to foster international cooperation between and among States, including South-South and triangular cooperation, in partnership, as appropriate, with relevant international and regional organizations and CSOs, particularly organizations of persons with disabilities. Involvement and consultation by persons with disabilities is essential in order to ensure that they are both agents and beneficiaries of official development aid. States should take into account their expertise in identifying priority areas for funding, as well as key areas for capacity-building and research. Contributions to the present report illustrate the added value of establishing disability-inclusive consultative forums or working groups attached to national cooperation agencies.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the rights of persons with disabilities
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- Persons with disabilities
- Year
- 2016
Paragraph
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.
- Legal status
- Non-negotiated soft law
- 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. 14
- Paragraph text
- Support for persons with disabilities encompasses a wide range of formal and informal interventions, including live assistance and intermediaries, mobility aids and assistive devices and technologies. It also includes personal assistance; support in decision-making; communication support, such as sign language interpreters and alternative and augmentative communication; mobility support, such as assistive technology or service animals; living arrangements services for securing housing and household help; and community services. Persons with disabilities may also need support in accessing and using general services, such as health, education and justice.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the rights of persons with disabilities
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Gender
- Health
- Person(s) affected
- Persons with disabilities
- Year
- 2017
Paragraph
Access to rights-based support for persons with disabilities 2017, para. 52
- Paragraph text
- Support must be affordable for all persons with disabilities. Support services represent a significant cost for persons with disabilities, preventing them from climbing out of poverty. States must ensure that support is available at nominal or no cost to the maximum extent of their available resources, and take into account the gender disparity in income and access to financial resources. Social protection systems can constitute a powerful strategy to facilitate access to support services for persons with disabilities (see A/70/297, para. 9). Qualifying conditions for accessing support must be reasonable, proportionate and transparent, and should not be limited to those persons protected by social insurance schemes. Additionally, States should include the provision of essential assistive devices and technologies in the coverage of national health insurance and/or social protection schemes, on the basis of the World Health Organization priority assistive products list (ibid.). States should also consider waiving import duties and taxes on assistive devices and technologies that are not produced domestically (ibid., para. 48).
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the rights of persons with disabilities
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Health
- Poverty
- Person(s) affected
- Persons with disabilities
- Year
- 2017
Paragraph
Access to rights-based support for persons with disabilities 2017, para. 37
- Paragraph text
- Support is a cross-cutting obligation under the Convention. As part of the general obligations provided in article 4, States parties have an obligation to adopt all appropriate measures to implement the rights recognized in the treaty, including the provision of support services when necessary (art. 4 (1) (a)). States must also undertake or promote research and development, and promote the availability and use, of devices and assistive technologies (art. 4 (1) (g)), and provide accessible information to persons with disabilities about mobility aids, devices and assistive technologies, including new technologies, and other forms of assistance, support services and facilities (art. 4 (1) (h)).
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the rights of persons with disabilities
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Health
- Person(s) affected
- Persons with disabilities
- Year
- 2017
Paragraph
Access to rights-based support for persons with disabilities 2017, para. 74
- Paragraph text
- Persons with disabilities should have access to effective judicial or other appropriate remedies when States fail to meet their obligation to ensure access. Similarly, States must guarantee that all persons with disabilities who have experienced any form of exploitation, violence or abuse in the context of support received have access to justice and effective remedies. These remedies should include adequate reparations, including restitution, compensation, satisfaction and guarantees of non-repetition, as appropriate. National human rights institutions and independent mechanisms to promote, protect and monitor the implementation of the Convention should be mandated to carry out inquiries and investigations (art. 33 (2)) as well as provide assistance to persons with disabilities in accessing legal remedies.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the rights of persons with disabilities
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- Persons with disabilities
- Year
- 2017
Paragraph
Access to rights-based support for persons with disabilities 2017, para. 67
- Paragraph text
- The sustainability of support services and arrangements represents a major challenge in both developing and developed countries. Whereas in most low-income countries support is funded and provided mainly by families, charities and international non-governmental organizations, many high- and middle-income countries are reducing their direct public investment in support and are turning to non-profit organizations and community networks to take charge of these services. States usually invoke the scarcity of resources and economic difficulties to justify their failure to provide support services and arrangements to persons with disabilities.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the rights of persons with disabilities
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Health
- Person(s) affected
- Families
- Persons with disabilities
- Year
- 2017
Paragraph
Access to rights-based support for persons with disabilities 2017, para. 68
- Paragraph text
- States have an obligation to mobilize resources to their maximum availability to ensure access to support for persons with disabilities. Earmarked funds aimed at covering support, close collaboration and engagement with civil society and increasing efficiency can contribute to greater sustainability of support systems. Participatory budgeting processes, when they are inclusive of persons with disabilities, can also help to expand the allocation of public funds to support persons with disabilities. Social protection systems can also constitute a powerful strategy to facilitate access to support for persons with disabilities (see A/70/297, paras. 4-9).
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the rights of persons with disabilities
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Person(s) affected
- Persons with disabilities
- Year
- 2017
Paragraph
Access to rights-based support for persons with disabilities 2017, para. 81
- Paragraph text
- Article 20 of the Convention requires States to facilitate the personal mobility of persons with disabilities in the manner and at the time of their choice, facilitate their access to assistive technologies and forms of mobility assistance and intermediaries, and provide training in mobility skills to persons with disabilities and staff working with them. It also encourages entities that produce mobility aids, devices and assistive technologies to take into account all aspects of mobility for persons with disabilities. The Special Rapporteur's thematic report on disability-inclusive policies (A/71/314) provides guidance to States on how to establish a policy framework that ensures access to assistive devices and technologies to persons with disabilities.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the rights of persons with disabilities
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Health
- Person(s) affected
- Persons with disabilities
- Year
- 2017
Paragraph
Access to rights-based support for persons with disabilities 2017, para. 82
- Paragraph text
- States have an obligation to ensure that persons with disabilities have access to the personal assistance necessary to support living and inclusion in the community, as provided by article 19 (b) of the Convention. Personal assistance encompasses a broad range of arrangements designed to assist a person with disabilities to perform daily activities, including getting up, bathing, dressing, getting ready for work, going out, cooking, cleaning and shopping. Persons with disabilities may require personal assistance for different lengths of time, from full time to a few hours a week, depending on their individual needs.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the rights of persons with disabilities
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Person(s) affected
- Persons with disabilities
- Year
- 2017
Paragraph
Access to rights-based support for persons with disabilities 2017, para. 83
- Paragraph text
- Independent living centres and representative organizations of persons with disabilities can play an important role in ensuring access to personal assistance. They can disseminate information about the obligations of States and service providers, provide assistance in recruitment and budgeting, facilitate support groups and train those who wish to become assistants. They can also foster participatory processes for developing ethical principles and practice guidance. While personal assistants may not require specialized preparation, States should ensure they have adequate training in order to provide safe and quality support. For example, in the Republic of Korea, the Act on Personal Assistance Services for Persons with Disabilities specifies the qualifications, human resources and service providers relating to the provision of personal assistance.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the rights of persons with disabilities
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Equality & Inclusion
- Person(s) affected
- Persons with disabilities
- Year
- 2017
Paragraph
Eliminating discrimination against women in economic and social life with a focus on economic crisis 2014, para. 51
- Paragraph text
- Domestic workers caring for children, the disabled and ageing people, are a highly vulnerable category of employees, often in the informal sector. About 83 per cent are women or girls, and many are migrant workers. Domestic workers often encounter deplorable working conditions; labour exploitation; extortionate recruitment fees resulting in debt; confiscation of passports; long, unregulated hours of work; lack of privacy; exposure to physical and sexual abuse; and separation from their own families and children. The ILO Domestic Workers Convention (No. 189) calls for States to guarantee decent work for domestic workers, and thus several countries have introduced new protections.
- Legal status
- Non-negotiated soft law
- Body
- Working Group on the issue of discrimination against women in law and practice
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Gender
- Person(s) affected
- Children
- Girls
- Persons on the move
- Persons with disabilities
- Women
- Year
- 2014
Paragraph
Eliminating discrimination against women in cultural and family life, with a focus on the family as a cultural space 2015, para. 73a (iv)
- Paragraph text
- [The Working Group recommends that States:] Establish a national legal framework recognizing gender equality in cultural and family life, in accordance with regional and international standards: (iv) Develop effective mechanisms to combat the multiple and intersecting forms of discrimination suffered by all marginalized women, including minority women, women living in poverty, women with disabilities, refugee and displaced women, migrant and immigrant women, rural women, indigenous women, older women and single women;
- Legal status
- Non-negotiated soft law
- Body
- Working Group on the issue of discrimination against women in law and practice
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Gender
- Person(s) affected
- Ethnic minorities
- Persons on the move
- Persons with disabilities
- Women
- Year
- 2015
Paragraph
Eliminating discrimination against women in the area of health and safety, with a focus on the instrumentalization of women's bodies 2016, para. 105e (i)
- Paragraph text
- [The Working Group recommends that States:] Provide special protection and support services to women facing multiple forms of discrimination, and in this regard: Ensure that health services, including reproductive and sexual health, for women with disabilities are available and accessible on an equal basis with others and that their autonomy and decision-making, including in relation to their sexuality and reproduction, are guaranteed in accordance with the principles of the Convention on the Rights of Persons with Disabilities;
- Legal status
- Non-negotiated soft law
- Body
- Working Group on the issue of discrimination against women in law and practice
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Health
- Person(s) affected
- Persons with disabilities
- Women
- Year
- 2016
Paragraph
Equality of opportunity in education 2011, para. 43
- Paragraph text
- Additionally, other countries have enacted laws specifically addressing the principles of non-discrimination and equality of opportunity in education. Examples include the Promotion of Equality and Prevention of Unfair Discrimination Act (2000) in South Africa; the Law on Equality of Rights and Opportunities, Participation and Citizenship of Persons with Disabilities (2005) in France; the Prohibition of Discrimination Act (2005) in Norway, which establishes the function of Ombudsman on Equality and Anti-Discrimination; the General Equality of Treatment Act (2006) in Germany, which aims “to prevent or remove disadvantages due to race or ethnic background, gender, religion or philosophy, disability, age or sexual orientation” in employment and vocational training; the Equality Act (2006) in the United Kingdom which establishes a Commission for Equality and Human Rights and requires public authorities “to take proactive steps in promoting equality of opportunity between men and women”.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the right to education
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Equality & Inclusion
- Person(s) affected
- Men
- Persons with disabilities
- Women
- Year
- 2011
Paragraph
Equality of opportunity in education 2011, para. 26
- Paragraph text
- General comment No. 1 of the Committee on the Rights of the Child highlights the fact that while equality of opportunity in education “is primarily a matter which relates to article 28 of the Convention, there are many ways in which failure to comply with the principles contained in article 29 (1) [concerning the aims of education] can have a similar effect.” The general comment goes on to outline how discrimination based on gender, disability, health status and race can hamper children’s equal access to education. Furthermore, other general comments elaborated by the Committee address the need for temporary special measures to ensure equal access to education for indigenous children and equality of opportunity in education for children with disabilities.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the right to education
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Equality & Inclusion
- Person(s) affected
- Children
- Ethnic minorities
- Persons with disabilities
- Year
- 2011
Paragraph
Vision of the mandate 2014, para. 38
- Paragraph text
- Although issues of undernutrition are often framed in terms of disability prevention, good nutrition is also vital for those who already live with a disability. Infants and children with disabilities suffer the same ill-effects of undernutrition as those without: poorer health outcomes; missing or delayed developmental milestones; avoidable secondary impairments; and, in extreme circumstances, premature death. The exclusion of children and adults with disabilities from nutritional outreach efforts on the basis of the incorrect belief that preserving the life of a child or adult with a disability is of lower priority than preserving the life of someone who is not disabled must be addressed by tackling such discriminatory social and cultural norms which advocate this.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the right to food
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Food & Nutrition
- Health
- Person(s) affected
- Children
- Infants
- Persons with disabilities
- Year
- 2014
Paragraph
Challenges faced by groups most at risk when exercising or seeking to exercise the rights to freedom of peaceful assembly and/or of association 2014, para. 54
- Paragraph text
- The process of registering an association may prove to be cumbersome for marginalized groups and exclude groups such minorities or persons with disabilities. For example, the language used to communicate could be inaccessible, and physical access to locations for registration could also be a challenge for those groups. Mandatory registration, particularly where authorities have broad discretion to grant or deny registration, provides an opportunity for the State to refuse or delay registration to groups that do not espouse "favourable" views. Associations formed to defend human rights, engage in civic awareness, and to lobby and advocate are susceptible to such delays and denials, as has reportedly been the case in the Sudan.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Person(s) affected
- Ethnic minorities
- Persons with disabilities
- Year
- 2014
Paragraph
The realization of the right to health of older persons 2011, para. 44
- Paragraph text
- Long-term care includes a variety of services (medical or otherwise) that help meet both the medical and non-medical needs of people with a chronic illness or disability who cannot care for themselves for long periods of time. Long-term care is manifested in the provision of help with daily tasks such as bathing, dressing up, cooking and so on. According to the Organization for Economic Cooperation and Development (OECD), long-term care can be defined as "a range of services for people who depend on ongoing help with the activities of daily living caused by chronic conditions of physical or mental disability". In the context of the right to health, long-term care must also be understood as the intervention of skilled practitioners to provide assistance in dealing with syndromes associated with chronic diseases or disabilities impeding personal capacities. They are, nonetheless, medical conditions affecting older persons disproportionately.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Health
- Person(s) affected
- Older persons
- Persons with disabilities
- Year
- 2011
Paragraph
Right to health in early childhood - Right to survival and development 2015, para. 82
- Paragraph text
- Despite being more vulnerable to health and developmental risks, young children with disabilities are often overlooked in mainstream programmes and services designed to promote health to ensure child development. They also often do not receive the specific support required to meet their needs in accordance with their rights. Children with disabilities and their families are confronted with barriers that include inadequate legislation, policies and services, negative attitudes and a lack of accessible environments. Children with developmental disabilities, including intellectual disabilities and autistic-spectrum conditions, are still suffering from outdated approaches in many countries such as institutionalization and excessive medication.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Health
- Person(s) affected
- Children
- Persons with disabilities
- Year
- 2015
Paragraph
Work of the mandate and priorities of the SR 2015, para. 99
- Paragraph text
- A large number of persons with psychosocial disabilities are deprived of their liberty in closed institutions and are deprived of legal capacity on the grounds of their medical diagnosis. This is an illustration of the misuse of the science and practice of medicine, and it highlights the need to re-evaluate the role of the current biomedical model as dominating the mental-health scene. Alternative models, with a strong focus on human rights, experiences and relationships and which take social contexts into account, should be considered to advance current research and practice.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Health
- Person(s) affected
- Persons with disabilities
- Year
- 2015
Paragraph
Report of the SR on the right to health and Agenda 2030 2016, para. 45
- Paragraph text
- Discriminatory laws, policies and practices outside the health space can have a direct impact on the realization of the right to health. For example, poor people are often excluded from access to health services, as well as from underlying determinants of health, such as social housing and other social services, not (only) because they are poor but (also) because they lack security of land tenure or an official legal identity. Criminalized populations may be barred as a matter of law or policy from social housing or other social services. Persons with disabilities may be denied legal capacity and subject to medical interventions or institutionalization without their consent.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Health
- Person(s) affected
- Persons with disabilities
- Year
- 2016
Paragraph
Report of the SR on the right to health and Agenda 2030 2016, para. 94
- Paragraph text
- To date, the approach to violence reduction has been fragmented, compartmentalizing different forms of violence. Importantly, many forms of violence continue to be tolerated within societies and even supported by States. For example, violence against women and children remains accepted in many societies as a cultural norm. The institutional care of young children, a clear act of violence against children, remains widespread in many countries. Around the world, many groups in vulnerable situations, including women, persons with disabilities, migrants and refugees, and lesbian, gay, bisexual, transgender and intersex persons, experience numerous forms of violence. Each example is also a violation of various human rights protected under international law, including the right to health.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health
- Document type
- Special Procedures' report
- Topic(s)
- Violence
- Person(s) affected
- Children
- LGBTQI+
- Persons on the move
- Persons with disabilities
- Women
- Youth
- Year
- 2016
Paragraph
Right to health of adolescents 2016, para. 86
- Paragraph text
- Adolescents with disabilities are frequently subjected to forced medical treatment, including sterilization, abortion and contraception, which can constitute torture or cruel, inhuman or degrading treatment. Girls with disabilities in particular experience alarmingly disproportionate levels of physical and sexual violence, frequently without any means of redress or access to justice. Many health-care providers hold inaccurate, stereotypical views about individuals with disabilities, including assumptions that they are asexual, which serves to deny them access to sexual and reproductive health information, services and goods, as well as comprehensive sexuality education.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Health
- Person(s) affected
- Adolescents
- Girls
- Persons with disabilities
- Year
- 2016
Paragraph
The impact of housing finance policies on the right to adequate housing of those living in poverty 2012, para. 47
- Paragraph text
- In some cases, administrative barriers or difficult requirements prevent low-income households from benefiting from subsidies. Enrolment remains low when people find it difficult to travel to apply to the programme because of time constraints, transportation expenses or disabilities. Having to produce expensive documentation of their eligibility for the programme, such as birth certificates or proof of residency, also increases their transaction costs and, thus, restricts enrolment. Inefficient land registration systems in many developing countries have sometimes created severe backlogs in title registration, circumventing the security of tenure of subsidy beneficiaries.
- Legal status
- Non-negotiated soft law
- 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)
- Movement
- Person(s) affected
- Persons with disabilities
- Year
- 2012
Paragraph
Homelessness as a global human rights crisis that demands an urgent global response 2016, para. 76
- Paragraph text
- Housing First has recently emerged as a dominant model for responses to homelessness in countries such as Belgium, Denmark, Hungary, the Netherlands, Portugal, and the United Kingdom of Great Britain and Northern Ireland. The model is straightforward, providing chronically homeless people, for example, those with psychosocial disabilities, with housing and support as needed. There are obvious benefits of keeping people in their communities as opposed to providing treatment services without housing, and this model offers easily measured outcomes. At the same time, concerns have been raised that Housing First may not serve as a generalized model as it tends to focus on visible forms of homelessness and does not address systemic causes of homelessness or ensure rehabilitation and production of affordable housing.
- Legal status
- Non-negotiated soft law
- 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
- Health
- Person(s) affected
- Persons with disabilities
- Year
- 2016
Paragraph
Detention of migrants in an irregular situation 2012, para. 73
- Paragraph text
- The Special Rapporteur would like to remind Governments that alternatives to detention should not become alternatives to unconditional release, whenever such release is a possibility. Governments should put in place safeguards to ensure that those eligible for release without conditions are not diverted into alternative measures. Alternatives to detention should have a human rights-based approach, be established by law, be non-discriminatory and be subject to judicial review and independent monitoring and evaluation. In designing alternatives to detention, Governments should pay attention to the specific situation of particular groups of migrants, such as children, pregnant women and persons with disabilities, and use the least intrusive measure possible.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Movement
- Person(s) affected
- Children
- Persons on the move
- Persons with disabilities
- Women
- Year
- 2012
Paragraph
Human rights of migrants in the post-2015 development agenda 2014, para. 62
- Paragraph text
- According to article 13 of the International Covenant on Economic, Social and Cultural Rights, the right to education is a universal right. As recognized by Committee on Economic, Social and Cultural Rights in its general comment No. 13, education is the "primary vehicle by which economically and socially marginalized adults and children can lift themselves out of poverty and obtain the means to participate fully in their communities". The Committee on the Elimination of Racial Discrimination, in its general recommendation No. 30, has highlighted the need for States to ensure that all migrant children, irrespective of their status, have access to public educational institutions. The Committee on the Rights of the Child, in its general comment No. 9, endorsed the concept of inclusive education as "a set of values, principles and practices that seeks meaningful, effective, and quality education for all students, that does justice to the diversity of learning conditions and requirements not only of children with disabilities, but for all students".
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Equality & Inclusion
- Poverty
- Person(s) affected
- Children
- Persons on the move
- Persons with disabilities
- Year
- 2014
Paragraph
Human rights based approach to recovery from the global economic and financial crises, with a focus on those living in poverty 2011, para. 73
- Paragraph text
- Any form of discrimination, such as that based on sex, race, ethnicity or religion, against workers must be prohibited. Workers' remuneration must be fair, allowing for a decent living for workers and their family. Equal remuneration for work of equal value must also be ensured without discrimination of any kind; in particular, women must enjoy equal pay with men. Special protection for women during pregnancy, and for persons with disabilities, must also be put in place. To ensure the implementation of these obligations, States must regulate labour markets and establish mechanisms to strengthen the accountability of private actors. A greater number of avenues for dialogue between employers and workers, and the opportunity for workers to participate in the design and implementation of employment policies, will further assist States in meeting their human rights obligations.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Person(s) affected
- Men
- Persons with disabilities
- Women
- Year
- 2011
Paragraph
Human rights based approach to recovery from the global economic and financial crises, with a focus on those living in poverty 2011, para. 75
- Paragraph text
- The obligations of non-discrimination and equality oblige States to ensure that employment creation policies benefit all sectors of society equally. Policies that increase the employability (for example, through demand-driven skills development and vocational training) of groups that face specific barriers in their access to employment, such as women, persons with disabilities, young people and indigenous populations, will assist States in fulfilling their human rights obligations. To remove obstacles to employment for women, States should ensure the availability of care services (from the State, the community and the market), the redistribution of paid and unpaid work from a gender perspective and the elimination of all forms of gender discrimination. States are not only obliged to undertake effective legislation to this end, but also to take measures to modify social and cultural patterns of conduct of men and women.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Equality & Inclusion
- Gender
- Person(s) affected
- Ethnic minorities
- Persons with disabilities
- Women
- Youth
- Year
- 2011
Paragraph
Unpaid care work and women's human rights 2013, para. 5
- Paragraph text
- Considering the limited length of this report and the mandate's focus on extreme poverty and human rights, no attempt is made to assess the extensive issue of human rights and care holistically. Rather, the report focuses specifically on the human rights of unpaid caregivers, in particular women living in poverty who provide unpaid care. Other relevant human rights implications of unpaid care work - such as tensions between care and unwanted dependency, abuses against persons with disabilities or older persons, and children's right to receive quality care - are not addressed, and only brief recommendations are made on paid domestic work. The Special Rapporteur hopes that this report will nevertheless encourage broader discussion of the human rights implication of care work.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Poverty
- Person(s) affected
- Children
- Older persons
- Persons with disabilities
- Women
- Year
- 2013
Paragraph
Child participation 2012, para. 23
- Paragraph text
- In accordance with article 17 of the Convention on the Rights of the Child, a child has the right to gain access to appropriate information and material. Gaining access to information is often the first step in the participation process, given that it allows an informed child to voice his or her opinion. In the context of the sale and sexual exploitation of children, this information is often delicate and must therefore take into consideration, and sometimes challenge, cultural and context-specific sensitivities. It is equally important, targeting the children who are most at risk and hard to reach, to ensure the broad geographical and linguistic reach of information tools and mechanisms. Consideration must also be given to the particular communication needs of children with disabilities.
- Legal status
- Non-negotiated soft law
- 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
- Violence
- Person(s) affected
- Children
- Persons with disabilities
- Year
- 2012
Paragraph
Disability-inclusive policies 2016, para. 19
- Paragraph text
- Policymakers and other public officials must take those three aspects into account when designing and implementing any public policy or programme, as they are indispensable for addressing the specific demands and needs of persons with disabilities. Furthermore, such components can significantly improve the effectiveness and efficiency of development policies and programmes, not only for persons with disabilities, but for the general population as well.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the rights of persons with disabilities
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Person(s) affected
- Persons with disabilities
- Year
- 2016
Paragraph
Review of the standard minimum rules for the treatment of prisoners 2013, para. 47
- Paragraph text
- Incidents of abuse among prisoners, from subtle forms of harassment to intimidation and serious physical and sexual attacks, are a regular occurrence in all prisons. The Special Rapporteur observes that although Rule 28 (1) prohibits employing prisoners in a disciplinary capacity, in some States guards delegate the authority for maintaining discipline and protecting detainees from exploitation and violence to privileged detainees who, in turn, often use this power to their own benefit. In this context, special consideration should be given to the aggravated risk of violence that women and those from vulnerable groups, including persons with disabilities, people living with HIV/AIDS, drug-dependant individuals, lesbian, gay, bisexual, transgender and intersex persons and sex workers might suffer.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Violence
- Person(s) affected
- LGBTQI+
- Persons with disabilities
- Women
- Year
- 2013
Paragraph
Certain forms of abuses in health-care settings that may cross a threshold of mistreatment that is tantamount to torture or cruel, inhuman or degrading treatment or punishment 2013, para. 10b
- Paragraph text
- [The Special Rapporteur calls upon all States to:] Impose an absolute ban on all forced and non-consensual medical interventions against persons with disabilities, including the non-consensual administration of psychosurgery, electroshock and mind-altering drugs such as neuroleptics, the use of restraint and solitary confinement, for both long- and short-term application. The obligation to end forced psychiatric interventions based solely on grounds of disability is of immediate application and scarce financial resources cannot justify postponement of its implementation;
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Health
- Person(s) affected
- Persons with disabilities
- Year
- 2013
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. 53
- Paragraph text
- Special attention should be paid to children deprived of their liberty in health-care institutions (including hospitals, public and private clinics, hospices and institutions where healthcare is delivered). Children are detained in such settings primarily to treat psychiatric, psychosocial or intellectual disabilities, or drug dependence issues. Almost all States have legislation that permits the detention of children for psychiatric health purposes. Persons with disabilities are particularly affected by forced medical interventions, and continue to be exposed to unwarranted non-consensual medical practices (A/63/175, para. 40). During his country visits, the Special Rapporteur has observed that, in particular with regard to children with disabilities, "incapacity" is often presumed, which limits their ability to decide where to live and what treatment to receive, and may be taken as the basis of substitution of determination and decision-making by the child, or by parents, guardians, carers or public authorities. Structural inequalities, such as the power imbalance between medical doctors and patients, exacerbated by stigma and discrimination, result in children with disabilities being disproportionately vulnerable to having informed consent compromised (A/HRC/22/53, para. 29). In this context, the Committee on the Rights of Persons with Disabilities, in its general comment No. 1 (CRPD/C/GC/1), explained that involuntary psychiatric treatment is prohibited on the grounds that it violates the right to consent to medical treatment under article 12 of the Convention on the Rights of Persons with Disabilities and the absolute prohibition of torture and cruel, inhuman and degrading treatment (para. 42). The Committee on the Rights of the Child, in its general comment No. 12 (CRC/C/GC/12), stated that children should be provided with information about proposed treatments and their effects and outcomes, including in formats appropriate and accessible to children with disabilities (paras. 48 and 100).
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Health
- Person(s) affected
- Children
- 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. 54
- Paragraph text
- The Special Rapporteur observes that children who use, or are suspected of using, drugs are commonly involuntarily confined in so-called rehabilitation centres. Children thus confined are compelled to undergo diverse interventions (A/HRC/22/53, para. 40), including painful withdrawal from drug dependence without adequate medical assistance, administration of unknown or experimental medications, State-sanctioned beatings, caning or whipping, forced labour, sexual abuse and intentional humiliation. Other reported abuses included "flogging therapy", "bread and water therapy", and electroshock resulting in seizures, all in the guise of rehabilitation. In some countries, a wide range of other marginalized groups, including street children and children with psychosocial disabilities, are reportedly detained in these centres.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Health
- Person(s) affected
- Children
- 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. 57
- Paragraph text
- Another form of ill-treatment of children in health and social care detention settings is inappropriate medical care, including the use of psychoactive medications on children for punitive purposes, such as injected tranquilizers, which immobilize children for days, and forced labour in the guise of medical necessity. During one mission, the Special Rapporteur witnessed appalling conditions and ill-treatment of children with mental disabilities in so-called prayer camps, which are alternative residential facilities. He documented cases of shackling to the walls, floors or trees and forced fasting, in some cases on children with neurological problems (see A/HRC/25/60/Add.1, paras. 74-77).
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Document type
- Special Procedures' report
- Topic(s)
- Health
- Person(s) affected
- Children
- Persons with disabilities
- Year
- 2015
Paragraph
Violence against women with disabilities 2012, para. 31
- Paragraph text
- Violence against women with disabilities occurs in various spheres, including in the home, the community, as violence that is perpetrated and/or condoned by the State and as violence against women in the transnational sphere. The forms of violence to which women with disabilities are subjected can be of a physical, psychological, sexual or financial nature and include neglect, social isolation, entrapment, degradation, detention, denial of health care, forced sterilization and psychiatric treatment. Women with disabilities are twice as likely to experience domestic violence as non-disabled women, and are likely to experience abuse over a longer period of time and to suffer more severe injuries as a result of the violence.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on violence against women, its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Violence
- Person(s) affected
- Persons with disabilities
- Women
- Year
- 2012
Paragraph
Violence against women with disabilities 2012, para. 33
- Paragraph text
- Women with disabilities may be subjected to situations of physical discomfort or embarrassment because their right to privacy is undervalued or not valued at all. Home assistants, family members or others who provide assistance may inflict violence through purposeful neglect (for example, leaving a woman who is in bed or who uses a wheelchair with no assistance for long periods in order to "punish" or manipulate her). Others may confine a woman with disabilities to her home or isolate her from other human contact. Mobility aids, communication equipment or medications may be withheld, causing physical injury or mental and emotional suffering.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on violence against women, its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Health
- Person(s) affected
- Persons with disabilities
- Women
- Year
- 2012
Paragraph
Violence against women with disabilities 2012, para. 35
- Paragraph text
- Women with disabilities experience rape and sexual abuse at home, at work, at school or on the street (see A/61/122/Add.1 and Corr.1). Others experience rape and sexual abuse within institutions, both state and non-state.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on violence against women, its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Violence
- Person(s) affected
- Persons with disabilities
- Women
- Year
- 2012
Paragraph
Violence against women with disabilities 2012, para. 37
- Paragraph text
- Denying access to reproductive health care, or forcing women with disabilities to undergo procedures aimed at controlling their reproductive choices, is a form of violence against women. The Programme of Action of the International Conference on Population and Development recognizes the basic right of all individuals to make decisions concerning reproduction free of discrimination, coercion and violence; to have the information and means to do so; and the right to attain the highest standard of sexual and reproductive health. The Programme of Action also recognizes that these rights apply to persons with disabilities.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on violence against women, its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Health
- Person(s) affected
- Persons with disabilities
- Women
- Year
- 2012
Paragraph
Violence against women with disabilities 2012, para. 39
- Paragraph text
- Women in institutions who need support services are usually more vulnerable. Vulnerability, both in institutions and in community settings, can range from the risk of isolation, boredom and lack of stimulation, to the risk of physical and sexual abuse. Evidence suggests that people with disabilities are at higher risk of abuse for various reasons, including dependence on a large number of caregivers and also because of barriers to communication. One study found that the majority (68 per cent) of psychiatric outpatients in a hospital had experienced major physical and/or sexual assaults therein, a higher frequency than in the general population.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on violence against women, its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Health
- Violence
- Person(s) affected
- Persons with disabilities
- Women
- Year
- 2012
Paragraph
Violence against women with disabilities 2012, para. 52
- Paragraph text
- Women with disabilities in prison also face discrimination upon their assignment to a particular facility, due to misclassification of their risk level. In the Handbook on Prisoners with Special Needs, UNODC also noted that, owing to the limited accommodation available for them, female prisoners in a number of countries are housed in security levels not justified by their risk assessment undertaken upon admission. This is exemplified in cases where a prisoner who would normally be placed in an open facility can instead be sent to secure custody, should a member of the medical, psychological or psychiatric staff decide that the medical and support services required are unavailable in open custody.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on violence against women, its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Person(s) affected
- Persons with disabilities
- Women
- Year
- 2012
Paragraph
Violence against women with disabilities 2012, para. 55
- Paragraph text
- A compilation of British studies found that 20 to 30 per cent of offenders had learning disabilities or difficulties that interfered with their ability to cope within the criminal justice system and that the female prison population was five times more likely to have a mental health disability than the general population. Another study found that as many as 80 per cent of female detainees had at least one psychiatric disability. Furthermore, such individuals are increasingly housed in prisons rather than psychiatric facilities. Those with intellectual or psychosocial disabilities face threats of inadequate care and mistreatment, in addition to the risks of self-harm and the deterioration of psychological or emotional well-being owing to the nature of incarceration, according to the UNODC Handbook. Closure of psychiatric institutions in some countries has led to a marked increase in the criminalization of women with disabilities.
- Legal status
- Non-negotiated soft law
- 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
- Person(s) affected
- Persons with disabilities
- Women
- Year
- 2012
Paragraph
Violence against women with disabilities 2012, para. 43
- Paragraph text
- Paternalistic attitudes towards persons with disabilities may also prevent full and fair access to the witness stand. Various players in the judicial system may view women with disabilities as too fragile to withstand the rigors of examination by attorneys or judges, leading to their exclusion. Such exclusion has the effect of placing them at even greater risk since perpetrators may target women with disabilities because they know that complaints may be taken less seriously. Moreover, women with disabilities whose complaints have been dismissed are less likely to come forward again to report abuse.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on violence against women, its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Person(s) affected
- Persons with disabilities
- Women
- Year
- 2012
Paragraph
Violence against women: Twenty years of developments to combat violence against women 2014, para. 60
- Paragraph text
- The holistic approach to women's rights, by situating violence against women on a continuum from the home to the transnational sphere, has been further developed by the Special Rapporteur in her reports to the General Assembly, such as her 2011 report (A/66/215). In that report, she recommended that States engage in transformative remedies to confront the root causes of violence against women, in order to achieve individual, institutional and structural change. In her 2012 and 2013 reports to the General Assembly, the Special Rapporteur dealt with two issues that had not been specifically addressed in previous thematic reports, namely, violence against women with disabilities and violence with respect to the incarceration of women. Both reports provide a clear illustration of how violence against women intersects with other factors, including different forms of inequality and identity status, such as poverty, health, race, ethnicity, sexual orientation, religion and language.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on violence against women, its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Gender
- Governance & Rule of Law
- Violence
- Person(s) affected
- Persons with disabilities
- Women
- Year
- 2014
Paragraph
Modalities for the establishment of femicides/gender-related killings watch 2016, para. 44
- Paragraph text
- Goal 11, to make cities and human settlements inclusive, safe, resilient and sustainable, and target 11.2, to provide access to safe, affordable, accessible and sustainable transport systems for all, improving road safety, notably by expanding public transport, with special attention to the needs of those in vulnerable situations, women, children, persons with disabilities and older persons, and target 11.7, to provide universal access to safe, inclusive and accessible, green and public spaces, in particular for women and children, older persons and persons with disabilities, are also directly relevant.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on violence against women, its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Person(s) affected
- Children
- Older persons
- Persons with disabilities
- Women
- Year
- 2016
Paragraph
Stigma and the realization of the human rights to water and sanitation 2012, para. 13
- Paragraph text
- What is considered "abnormal" changes over time and place, while the targets of stigma are always those who do not fit the "social norm". In some instances, stigma is attached to a person's social identity, especially in relation to one's gender or gender identity, sexual orientation, caste or race. Many ethnic groups experience very pronounced stigma. Stigma is also a common reaction to health conditions such as HIV/AIDS and some forms of disabilities. The Committee on Economic, Social and Cultural Rights explicitly calls on States to "adopt measures to address widespread stigmatization of persons on the basis of their health status, such as mental illness, diseases such as leprosy and women who have suffered obstetric fistula". Indeed, stigma is often closely linked to the body as a site of the "normal" and the "different" and as a vehicle of contagion, especially in terms of sexuality and disease. Furthermore, stigma is frequently attached to activities that are considered "immoral", "detrimental to society" or "dirty", affecting, for instance, sex workers, sanitation workers, prisoners and homeless people.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the human rights to safe drinking water and sanitation
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Health
- Person(s) affected
- Persons with disabilities
- Women
- Year
- 2012
Paragraph
Stigma and the realization of the human rights to water and sanitation 2012, para. 26
- Paragraph text
- The invisibility created by stigma also has negative impacts on the situation of some persons with disabilities. The World Health Organization estimates that over 1 billion people worldwide live with some kind of physical, mental, intellectual or sensory impairment. However, due to the silence and shame created by stigma, persons with disabilities and their needs are often rendered invisible, making it impossible for them to enjoy a range of human rights, as most practices, services and facilities are biased against them. In some societies, persons with disabilities are perceived as "problems to be fixed" or as a "burden". According to information received by the Special Rapporteur, in extreme cases, children and adults with mental disabilities have literally been tied up inside the home-with no access to sanitation-to hide them from the community.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the human rights to safe drinking water and sanitation
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Water & Sanitation
- Person(s) affected
- Children
- Persons with disabilities
- Year
- 2012
Paragraph
Common violations of the human rights to water and sanitation 2014, para. 83k
- Paragraph text
- [The Special Rapporteur therefore focuses her recommendations on how to more effectively ensure that violations are identified, prevented and remedied, with an emphasis on those areas which have been most neglected. She recommends that States:] Ratify or otherwise accept all optional communications procedures, including the Optional Protocol to the International Covenant on Economic, Social and Cultural Rights , the Optional Protocols to the International Covenant on Civil and Political Rights , the Optional Protocols to the Convention on the Rights of the Child, the Optional Protocol to the Convention on the Elimination of Discrimination against Women , and the Optional Protocol to the Convention on the Rights of Persons with Disabilities, including their inquiry mechanisms;
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the human rights to safe drinking water and sanitation
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Food & Nutrition
- Governance & Rule of Law
- Person(s) affected
- Persons with disabilities
- Year
- 2014
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).
- Legal status
- Non-negotiated soft law
- 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
SRSG on violence against children: Annual report 2013, para. 98
- Paragraph text
- Children with disabilities are also at heightened risk of abuse, neglect, stigma and exploitation; in their lives, disability, poverty, poor health care and nutrition and social exclusion often go hand in hand. The incidence of disability is higher amongst children belonging to poorer households, where they lack access to basic social services of quality, thus compromising opportunities for early detection, treatment and recovery and for meaningful participation in social life. As families of children with disabilities face extra medical, housing and transport costs, they miss employment opportunities and face marginalization and aggravated vulnerability to violence. When placed in institutions, where they have limited ability to disclose situations of abuse and seek redress, children's vulnerability to violence is further exacerbated.
- Legal status
- Non-negotiated soft law
- Body
- Special Representative of the Secretary-General on violence against children
- Document type
- SRSG report
- Topic(s)
- Equality & Inclusion
- Poverty
- Person(s) affected
- Children
- Families
- Persons with disabilities
- Year
- 2013
Paragraph
The right to mental health 2017, para. 12
- Paragraph text
- One decade later, progress is slow. Effective, acceptable and scalable treatment alternatives remain on the periphery of health-care systems, deinstitutionalization has stalled, mental health investment continues to be predominantly focused on a biomedical model and mental health legislative reform has proliferated, undermining legal capacity and equal protection under the law for people with cognitive, intellectual and psychosocial disabilities. In some countries, the abandonment of asylums has created an insidious pipeline to homelessness, hospital and prison. When international assistance is available, it often supports the renovation of large residential institutions and psychiatric hospitals, undermining progress.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Health
- Person(s) affected
- Persons on the move
- Persons with disabilities
- Year
- 2017
Paragraph
The right to mental health 2017, para. 23
- Paragraph text
- The professional group in psychiatry is a powerful actor in mental health governance and advocacy. National mental health strategies tend to reflect biomedical agendas and obscure the views and meaningful participation of civil society, users and former users of mental health services and experts from various non-medical disciplines. In that context, the 2005 WHO Resource Book on Mental Health, Human Rights and Legislation, developed using human rights guidelines at the time, was highly influential in the development of mental health laws that allowed “exceptions”. Those legal “exceptions” normalized coercion in everyday practice, widening the space for human rights violations to occur and it is therefore a welcome development to see the laws being revisited and the Resource Book formally withdrawn, as a result of the framework brought about by the Convention on the Rights of Persons with Disabilities.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Health
- Person(s) affected
- Persons with disabilities
- Year
- 2017
Paragraph
The right to mental health 2017, para. 25
- Paragraph text
- Conventional wisdom based on a reductionist biomedical interpretation of complex mental health-related issues dominates mental health policies and services, even when not supported by research. Persons with psychosocial disabilities continue to be falsely viewed as dangerous, despite clear evidence that they are commonly victims rather than perpetrators of violence. Likewise, their capacity to make decisions is questioned, with many being labelled incompetent and denied the right to make decisions for themselves. That stereotype is now regularly shattered, as people show that they can live independently when empowered through appropriate legal protection and support.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Health
- Violence
- Person(s) affected
- Persons with disabilities
- Year
- 2017
Paragraph
The right to mental health 2017, para. 74
- Paragraph text
- The Special Rapporteur highlights the devastating impact that institutionalization has on young children, particularly on their mental health and holistic development. Mental health-related services for children receive inadequate investment and lack quality standards of care and staffing, thus creating an environment where abuse is common for children with disabilities or with difficulties in social and emotional development, especially for those in institutional care. There are many examples of innovative child mental health services and practices throughout the world and there is convincing research on their effectiveness in promoting mental health and preventing deterioration in mental health conditions. However, those good practices often serve merely as pilot projects, owing to a lack of political will to replicate and mainstream them in general childcare services.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Health
- Person(s) affected
- Children
- Persons with disabilities
- Youth
- Year
- 2017
Paragraph
The right to mental health 2017, para. 65
- Paragraph text
- Coercion in psychiatry perpetuates power imbalances in care relationships, causes mistrust, exacerbates stigma and discrimination and has made many turn away, fearful of seeking help within mainstream mental health services. Considering that the right to health is now understood within the framework of the Convention on the Rights of Persons with Disabilities, immediate action is required to radically reduce medical coercion and facilitate the move towards an end to all forced psychiatric treatment and confinement. In that connection, States must not permit substitute decision-makers to provide consent on behalf of persons with disabilities on decisions that concern their physical or mental integrity; instead, support should be provided at all times for them to make decisions, including in emergency and crisis situations.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Health
- Person(s) affected
- Persons with disabilities
- Year
- 2017
Paragraph
Children in street situations 2017, para. 52
- Paragraph text
- Children with disabilities end up in street situations for various reasons, including economic and social factors, and are sometimes exploited for begging. States should take all actions necessary to prevent and to explicitly criminalize such exploitation and to bring perpetrators to justice. Children in street situations may be at risk of developing disabilities owing to the negative impact of aspects of street life, such as violence, exploitation and substance abuse. Intellectual and psychosocial disabilities can render children in street situations particularly vulnerable to exploitation and abuse. States should adopt special protection measures, including identifying and removing barriers that prevent children with disabilities from gaining access to services, including inclusive education.
- Legal status
- Non-negotiated soft law
- Body
- Committee on the Rights of the Child
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Violence
- Person(s) affected
- Children
- Persons with disabilities
- Year
- 2017
Paragraph
Sexual and reproductive health and rights of girls and young women with disabilities 2017, para. 2
- Paragraph text
- In her thematic reports, the Special Rapporteur has underscored the importance of ensuring a gender perspective in all interventions related to persons with disabilities, stressing the significant additional barriers that women and girls with disabilities encounter that can prevent them from the full enjoyment of their rights. As international and national efforts on the rights of persons with disabilities have too often failed to take into account a gender perspective, it is urgent that the multifaceted discrimination, marginalization and compounded human rights violations that women and girls with disabilities face in most societies be addressed (see A/HRC/28/58, para. 19 (d)).
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the rights of persons with disabilities
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Gender
- Health
- Person(s) affected
- Girls
- Persons with disabilities
- Women
- Year
- 2017
Paragraph
Sexual and reproductive health and rights of girls and young women with disabilities 2017, para. 3
- Paragraph text
- The present report focuses on the sexual and reproductive health and rights of girls and young women with disabilities. The term “girls with disabilities” refers to women with disabilities below the age of 18 years, whereas the term “young women with disabilities” refers to women between 15 and 24 years of age. The Special Rapporteur stresses that those women face significant challenges in making autonomous decisions with regard to their reproductive and sexual health, and are regularly exposed to violence, abuse and harmful practices, including forced sterilization, forced abortion and forced contraception. She recalls that States have an obligation to invest in the sexual and reproductive health and rights of girls and young women with disabilities, and to end all forms of violence against them.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the rights of persons with disabilities
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Health
- Violence
- Person(s) affected
- Girls
- Persons with disabilities
- Women
- Youth
- Year
- 2017
Paragraph
Sexual and reproductive health and rights of girls and young women with disabilities 2017, para. 4
- Paragraph text
- In preparing her report, the Special Rapporteur analysed 47 responses to a questionnaire sent to Member States, national human rights institutions and civil society organizations, including representative organizations of persons with disabilities, as well as the outcome of consultations conducted with girls and young women with disabilities in three countries, whose main trends are reflected in the text. She also organized an expert consultation in New York in June 2017 with representatives of United Nations agencies, women’s organizations and organizations of persons with disabilities. The Special Rapporteur would like to thank Plan International, who supported the research efforts for the study, which was undertaken under the coordination of her office.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the rights of persons with disabilities
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- Girls
- Persons with disabilities
- Women
- Youth
- Year
- 2017
Paragraph
Sexual and reproductive health and rights of girls and young women with disabilities 2017, para. 6
- Paragraph text
- Disability is more prevalent among women than men. Women with disabilities account for almost one fifth of the world’s female population. There are no reliable and representative global data on children with disabilities. Estimates suggest that there are between 93 and 150 million children with disabilities worldwide, but numbers could be higher. Furthermore, there are very few statistics available on girls with disabilities at national and international levels, as generally data are not disaggregated by gender, age and disability. That scarcity of data has contributed to making the pressing human rights issues that affect children with disabilities, and girls in particular, invisible.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the rights of persons with disabilities
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Person(s) affected
- Children
- Girls
- Persons with disabilities
- Women
- Year
- 2017
Paragraph
Sexual and reproductive health and rights of girls and young women with disabilities 2017, para. 29
- Paragraph text
- The forced sterilization of girls and young women with disabilities represents a widespread human rights violation across the globe. Girls and young women with disabilities are disproportionately subjected to forced and involuntary sterilization for different reasons, including eugenics, menstrual management and pregnancy prevention. Women with intellectual and psychosocial disabilities, as well as those placed in institutions, are particularly vulnerable to forced sterilization. Despite the limited data on current practices, studies show that the sterilization of women and girls with disabilities continues to be prevalent, and up to three times higher than the rate for the general population.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the rights of persons with disabilities
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Harmful Practices
- Health
- Violence
- Person(s) affected
- Girls
- Persons with disabilities
- Women
- Year
- 2017
Paragraph
Sexual and reproductive health and rights of girls and young women with disabilities 2017, para. 31
- Paragraph text
- Other medical procedures or interventions that are often performed without the free and informed consent of girls and young women with disabilities include forced contraception and forced abortion. Contraception is often used to control menstruation at the request of health professionals or parents. Moreover, while the contraceptive needs of girls and young women with disabilities are the same as those without disabilities, they receive contraception more often by way of injection or through intrauterine devices rather than orally, as it is less burdensome for families and service providers. In addition, girls and young women with disabilities are frequently pressured to end their pregnancies owing to negative stereotypes about their parenting skills and eugenics-based concerns about giving birth to a child with disabilities. During official country visits, the Special Rapporteur has received information about compulsory regular gynaecological checks and the use of forced abortion in institutions as a way to contain the institution’s population.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the rights of persons with disabilities
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Health
- Person(s) affected
- Children
- Girls
- Persons with disabilities
- Women
- Youth
- Year
- 2017
Paragraph
Sexual and reproductive health and rights of girls and young women with disabilities 2017, para. 34
- Paragraph text
- Girls and young women with disabilities are disproportionately affected by different forms of gender-based violence, including physical, sexual, psychological and emotional abuse; bullying; coercion; arbitrary deprivation of liberty; institutionalization; female infanticide; trafficking; neglect; domestic violence; and harmful practices such as child and forced marriage, female genital mutilation, forced sterilization and invasive and irreversible involuntary treatments (see A/HRC/20/5, paras. 12-27). Many of those forms of violence are a consequence of the intersection between disability and gender, and might happen while a girl or young woman with disabilities performs daily hygiene, receives treatment or is overmedicated. Gender-based violence occurs at home, in institutions, in schools, in health centres and in other public and private facilities, and perpetrators are frequently relatives, caregivers and professionals on whom the girl or young woman may depend.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the rights of persons with disabilities
- Document type
- Special Procedures' report
- Topic(s)
- Gender
- Harmful Practices
- Violence
- Person(s) affected
- Girls
- Persons with disabilities
- Women
- Youth
- Year
- 2017
Paragraph
Sexual and reproductive health and rights of girls and young women with disabilities 2017, para. 48
- Paragraph text
- States need to take all appropriate legislative, administrative and other measures necessary to ensure the provision of procedural and age-appropriate accommodations for girls and young women with disabilities, which is essential to enabling their effective direct and indirect participation, including as witnesses, in all legal proceedings, from investigative and other preliminary stages to court hearings. All protection services must be age-, gender- and disability-sensitive. For instance, the Kenya Association for the Intellectually Handicapped provides training to law enforcement officials, health personnel and service providers on the provision of reasonable and procedural accommodations to persons with intellectual disabilities and on respect for their personal autonomy.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the rights of persons with disabilities
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Health
- Person(s) affected
- Girls
- Persons with disabilities
- Women
- Youth
- Year
- 2017
Paragraph
Sexual and reproductive health and rights of girls and young women with disabilities 2017, para. 49
- Paragraph text
- States have an obligation to prevent, investigate, prosecute and try all acts of violence, including sexual violence, and to protect the rights and interests of the victims. National human rights institutions and civil society organizations can play a key role in carrying out inquiries and investigations on exploitation, violence or abuse against girls and young women with disabilities, and in assisting all women with disabilities in accessing legal remedies. For instance, the National Union of Women with Disabilities of Uganda trained 32 women with disabilities as paralegals with knowledge about the rights of women and girls with disabilities related to sexual and reproductive health and rights and gender-based violence. The paralegals offer peer-to-peer support with regard to reporting violations and conducting the necessary follow-up to ensure justice is achieved. States should consider reparations and redress mechanisms for girls and young women with disabilities who have been subjected to harmful practices, such as forced sterilization and forced abortion, particularly within institutions (see CEDAW/C/JPN/CO/7-8, paras. 24-25).
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the rights of persons with disabilities
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Violence
- Person(s) affected
- Girls
- Persons with disabilities
- Women
- Youth
- Year
- 2017
Paragraph
Sexual and reproductive health and rights of girls and young women with disabilities 2017, para. 50
- Paragraph text
- States must ensure the full accessibility of all sexual and reproductive health and rights information and services. All public and private facilities and services open or provided to the public, including gynaecological and obstetric services, must take into account all aspects of accessibility for women with disabilities, including accessibility with regard to infrastructure, equipment and information and communications. Transport to reach those services must be accessible, as otherwise girls and young women with disabilities will continue to be obstructed from enjoying and exercising their sexual and reproductive health rights in practice.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the rights of persons with disabilities
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Health
- Person(s) affected
- Girls
- Persons with disabilities
- Women
- Youth
- Year
- 2017
Paragraph
Joint general comment No. 3 (2017) of the Committee on the Protection of the Rights of All Migrant Workers and Members of Their Families and No. 22 (2017) of the Committee on the Rights of the Child on the general principles regarding the human rights ... 2017, para. 25
- Paragraph text
- The Committees recommend that the States parties put special emphasis on the policies and related regulations about the prevention of discriminatory practices towards migrant and refugee children with disabilities and the implementation of necessary policies and programmes for ensuring the full enjoyment of all human rights and fundamental freedoms of migrant and refugee children with disabilities on an equal basis with children who are nationals of the States, and taking into consideration the provisions enshrined in the Convention on the Rights of Persons with Disabilities.
- Legal status
- Non-negotiated soft law
- Body
- Committee on Migrant Workers
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Movement
- Person(s) affected
- Children
- Persons on the move
- Persons with disabilities
- Year
- 2017
Paragraph
Joint general comment No. 4 (2017) of the Committee on the Protection of the Rights of All Migrant Workers and Members of Their Families and No. 23 (2017) of the Committee on the Rights of the Child on State obligations regarding the human rights of c ... 2017, para. 50
- Paragraph text
- States parties should develop detailed guidelines on standards of reception facilities, assuring adequate space and privacy for children and their families. States should take measures to ensure an adequate standard of living in temporary locations, such as reception facilities and formal and informal camps, ensuring that these are accessible to children and their parents, including persons with disabilities, pregnant women and breastfeeding mothers. States should ensure that residential facilities do not restrict children’s day-to-day movements unnecessarily, including de facto restriction of movement.
- Legal status
- Non-negotiated soft law
- Body
- Committee on Migrant Workers
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Health
- Person(s) affected
- Children
- Persons with disabilities
- Women
- Year
- 2017
Paragraph
Joint general comment No. 4 (2017) of the Committee on the Protection of the Rights of All Migrant Workers and Members of Their Families and No. 23 (2017) of the Committee on the Rights of the Child on State obligations regarding the human rights of c ... 2017, para. 50
- Paragraph text
- States parties should develop detailed guidelines on standards of reception facilities, assuring adequate space and privacy for children and their families. States should take measures to ensure an adequate standard of living in temporary locations, such as reception facilities and formal and informal camps, ensuring that these are accessible to children and their parents, including persons with disabilities, pregnant women and breastfeeding mothers. States should ensure that residential facilities do not restrict children’s day-to-day movements unnecessarily, including de facto restriction of movement.
- Legal status
- Non-negotiated soft law
- Body
- Committee on the Rights of the Child
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Health
- Person(s) affected
- Children
- Persons with disabilities
- Women
- Year
- 2017
Paragraph
The right to adequate housing of persons with disabilities 2017, para. 22
- Original document
- Paragraph text
- Homelessness for persons with disabilities is also linked to the breakdown of family relationships. A study in Montreal, Canada, of homeless persons with intellectual disabilities found that almost all individuals who lived on the street or in shelters had had no contact with their families since becoming homeless. On mission in Chile, the Special Rapporteur visited a homeless shelter run by the Salvation Army in Valparaiso where many of the residents were persons with intellectual or psychosocial disabilities who had been shunned or abandoned by their families.
- Legal status
- Non-negotiated soft law
- 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
- Person(s) affected
- Families
- Persons with disabilities
- Year
- 2017
Paragraph
The right to adequate housing of persons with disabilities 2017, para. 24
- Original document
- Paragraph text
- Water, sanitation and hygiene facilities are often inaccessible and located some distance from the home. Those with mobility impairments may be dependent on assistance or forced to drag themselves along the ground to reach the facilities. In many situations, persons with disabilities are simply unable to gain access to toilets, must defecate in their homes and are often unable to remove waste. Streets or alleys in informal settlements are often sand, gravel or mud, sometimes built into steep cliffs and hill-sides, and are not accessible to persons in wheelchairs or with reduced mobility.
- Legal status
- Non-negotiated soft law
- 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
- 2017
Paragraph
The right to adequate housing of persons with disabilities 2017, para. 75
- Original document
- Paragraph text
- In its recent white paper on the rights of persons with disabilities, the Department of Social Services of South Africa called for a comprehensive strategy to realize the right to adequate housing of persons with disabilities consistent with the transformative nature of the constitutional right to housing, including supported community living plans, subsidized housing support, universal design as a requirement in infrastructure grants and a sustainable community-based system for support for independent living. In the white paper, emphasis was laid on the critical importance of strengthening the enforcement of existing legislation, improving access to courts, complaints mechanisms and institutions and strengthening the capacity of institutions such as the South African Human Rights Commission and of organizations for persons with disabilities to support persons with disabilities in gaining access to justice.
- Legal status
- Non-negotiated soft law
- 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
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- Persons with disabilities
- Year
- 2017
Paragraph
The right to adequate housing of persons with disabilities 2017, para. 31
- Original document
- Paragraph text
- Conflict and displacement also give rise to increased numbers of persons with disabilities. In Lebanon, the Syrian Arab Republic and the Gaza Strip, for example, conflict has contributed to high numbers of persons with disabilities. At the same time, in each of those places, adequate, accessible housing is extremely scarce, with housing stock having been destroyed and a lack of access or specific policies blocking access to the materials and resources necessary to rebuild homes. In refugee camps, poorly lit and remotely located latrines can lead to difficult access and experiences of sexual violence for women with disabilities, while crowded, narrow walkways can result in persons with visual impairments falling into open sewers.
- Legal status
- Non-negotiated soft law
- 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
- Humanitarian
- Person(s) affected
- Persons on the move
- Persons with disabilities
- Women
- Year
- 2017
Paragraph
The right to adequate housing of persons with disabilities 2017, para. 79
- Original document
- Paragraph text
- Subnational and local governments have also initiated important efforts to address the right to adequate housing of persons with disabilities. Article XIV (1) of the World Charter for the Right to the City provides for universal realization of the right to housing and emphasizes the need for accessible and suitable locations. In article X of the Global Charter-Agenda for Human Rights in the City, it is recommended that cities adopt regulations to ensure the accessibility of housing for persons with disabilities. Some cities have sought to initiate inclusive zoning policies to prevent restrictions on supportive housing. Others have adopted measures to address affordability, such as housing benefits and/or allowances, grants or loans for required adaptations, lower interest rates on housing loans and reduced housing taxes for families with a family member with a disability.
- Legal status
- Non-negotiated soft law
- 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
- Families
- Persons with disabilities
- Year
- 2017
Paragraph
The right to adequate housing of persons with disabilities 2017, para. 37
- Original document
- Paragraph text
- The right to non-discrimination also requires Governments and private actors to take positive measures to reasonably accommodate the needs of persons with disabilities insofar as such accommodation is “necessary and appropriate” and does not impose a “disproportionate or undue burden”. Reasonable accommodation is not restricted to physical modifications to existing housing. It also includes an obligation to adapt the application of laws and policies. As a component of the right to non-discrimination, reasonable accommodation is considered an immediate obligation of States.
- Legal status
- Non-negotiated soft law
- 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
- Governance & Rule of Law
- Person(s) affected
- Persons with disabilities
- Year
- 2017
Paragraph
The right to adequate housing of persons with disabilities 2017, para. 38
- Original document
- Paragraph text
- Equality and non-discrimination are crucial for the realization of the right to housing of persons with disabilities under article 28. States must take positive measures to the maximum of available resources to address systemic homelessness and deprivation of housing, which disproportionately affects persons with disabilities, and to strive towards the full realization of the right to adequate housing for all persons with disabilities. In the Convention, it is made abundantly clear that the right to non-discrimination of persons with disabilities is not simply a negative right, requiring Governments and private actors to refrain from actions that exclude persons with disabilities, but also a positive right, requiring them to take measures to ensure the enjoyment of the right to housing. As Andrea Broderick notes, “the intersection of equality and socioeconomic rights in the [Convention on the Rights of Persons with Disabilities] may provide a key to unlocking the structural inequalities which disabled people, and by extension other marginalised groups, have encountered for too long now”.
- Legal status
- Non-negotiated soft law
- 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
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- Persons with disabilities
- Year
- 2017
Paragraph
The right to adequate housing of persons with disabilities 2017, para. 5
- Paragraph text
- In 1994, the Committee on Economic, Social and Cultural Rights made an important advance with the adoption of general comment No. 5 (1994) on persons with disabilities. The Committee noted that an estimated 70 per cent of persons with disabilities worldwide lacked access to the services that they required and that “there is no country in which a major policy and programme effort is not required”. It emphasized that States were required “to take positive action to reduce structural disadvantage … in order to achieve the objectives of full participation and equality within society for all persons with disabilities” and that that included the right to support services for living in the community and to housing that was accessible, with additional resources made available.
- Legal status
- Non-negotiated soft law
- 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
- Person(s) affected
- Persons with disabilities
- Year
- 2017
Paragraph
The right to adequate housing of persons with disabilities 2017, para. 66
- Original document
- Paragraph text
- In a decision adopted in 2008, the Supreme Court of Nepal ordered the release of all persons who were imprisoned because of psychosocial disabilities, in keeping with the right to equality, health and a dignified life. The Court directed the Government to enact a law to protect the rights of persons with psychosocial disabilities and to arrange health services and other necessary measures. Local and international organizations have continued to exert pressure on the Government to implement the Court’s order in line with the Convention on the Rights of Persons with Disabilities. In a decision adopted in 2012, the Court ordered the Government to provide a monthly stipend, build shelters and appoint a social welfare worker in each district.
- Legal status
- Non-negotiated soft law
- 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
- Governance & Rule of Law
- Health
- Person(s) affected
- Persons with disabilities
- Year
- 2017
Paragraph
Development cooperation and the human rights to water and sanitation 2017, para. 68
- Paragraph text
- Acceptability of services can be achieved by taking users’ distinct characteristics, habits, preferences, needs and beliefs into account during project design and implementation. Attention to acceptability was observed in a project that used participatory methods to inform the design of several schools’ sanitation facilities. Occurring in a majority Muslim community, the project took into consideration the community members’ particular preferences for the design of toilet facilities, in addition to the needs of persons with disabilities, who were also included in the participatory processes. Activities to promote awareness throughout the implementation of projects can also encourage behavioural change and lead to greater acceptability of services.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the human rights to safe drinking water and sanitation
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Water & Sanitation
- Person(s) affected
- Persons with disabilities
- Year
- 2017
Paragraph
The rights of children with disabilities 2007, para. 13
- Paragraph text
- In order to meet the requirements of article 23 it is necessary that States parties develop and effectively implement a comprehensive policy by means of a plan of action which not only aims at the full enjoyment of the rights enshrined in the Convention without discrimination but which also ensures that a child with disability and her or his parents and/or others caring for the child do receive the special care and assistance they are entitled to under the Convention.
- Legal status
- Non-negotiated soft law
- Body
- Committee on the Rights of the Child
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- Children
- Families
- Persons with disabilities
- Year
- 2007
Paragraph
Mandate, working methods, work plan for the mandate 2015, para. 18
- Paragraph text
- As highlighted in the outcome document of the high-level meeting of the General Assembly on the realization of the Millennium Development Goals and other internationally agreed development goals for persons with disabilities: the way forward, a disability-inclusive development agenda towards 2015 and beyond, the Convention on the Rights of Persons with Disabilities has the unique strength of being a human rights instrument with a development perspective, equally protecting the rights of all persons with disabilities in all parts of the world. The Special Rapporteur sees this dual approach as a concrete result of how the disability work within the United Nations has been built up, with strong participation from stakeholders from the global South, and as a tool for promoting sustainable development, based on the standards, norms and principles of human rights, and inclusive of and accessible to persons with disabilities. The mandate of the Special Rapporteur embodies the added value of working towards sustainable development from a human rights-based approach, as described in Human Rights Council resolution 26/20. In this spirit, the Special Rapporteur wishes to capitalize on both the human rights and the development agendas, to address the real challenges that persons with disabilities face in their everyday lives, in which the two cannot be separated: in situations of extreme poverty and exclusion, deprived of their most basic rights and too often with a precarious standard of life.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the rights of persons with disabilities
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- Persons with disabilities
- Year
- 2015
Paragraph
The right of persons with disabilities to participate in decision-making 2016, para. 59
- Paragraph text
- States should reach out directly to women and girls with disabilities, especially when cultural and social backgrounds make it unsafe for them to participate in open consultations. States must also establish adequate measures to guarantee that the perspectives of women and girls with disabilities are fully taken into account and that they will not suffer any reprisals for expressing their viewpoints and concerns, especially in relation to sexual and reproductive rights, gender-based violence and sexual violence.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the rights of persons with disabilities
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Health
- Person(s) affected
- Girls
- Persons with disabilities
- Women
- Year
- 2016
Paragraph
Eliminating discrimination against women in economic and social life with a focus on economic crisis 2014, para. 129
- Paragraph text
- [The Working Group recommends that States:] States should recognize, reduce and redistribute unpaid care work for children and other disabled or elderly dependents, by including unpaid care work in gross national product; allowing deduction of care expenses for tax purposes; improving the environmental and service infrastructure to reduce private care burdens; and synchronizing school time with working time;
- Legal status
- Non-negotiated soft law
- Body
- Working Group on the issue of discrimination against women in law and practice
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Person(s) affected
- Children
- Older persons
- Persons with disabilities
- Women
- Year
- 2014
Paragraph
Sexual education 2010, para. 31
- Paragraph text
- Article 24 of the United Nations Convention on the Rights of Persons with Disabilities calls on States to ensure an inclusive education system that ensures a sense of dignity and self-worth and the full development of the mental and physical abilities of such people. Article 25 establishes that States should "provide persons with disabilities with the same range, quality and standard of free or affordable health care and programmes as provided to other persons, including in the field of sexual and reproductive health".
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the right to education
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Equality & Inclusion
- Person(s) affected
- Persons with disabilities
- Year
- 2010
Paragraph
Sports and healthy lifestyles as contributing factors to the right to health 2016, para. 36
- Paragraph text
- Encouragingly, some States provide subsidized or free access to sporting goods, services and facilities to certain groups in society. Sports activities for people with disabilities are free in Azerbaijan, in accordance with a resolution of the Cabinet of Ministers; similarly, in Bosnia and Herzegovina, access to sports camps for children is free. The Special Rapporteur recommends the adoption of similar approaches elsewhere, subject to the needs of the population and resource availability.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Health
- Person(s) affected
- Children
- Persons with disabilities
- Year
- 2016
Paragraph
Impact of the criminalization of migration on the protection and enjoyment of human rights 2010, para. 36
- Paragraph text
- The Special Rapporteur wishes to draw the attention of the General Assembly to the millions of people who have not been formally denied or deprived of nationality but who lack the ability to prove their nationality, or, despite documentation, are denied access to the many human rights that other persons under the jurisdiction of States enjoy. He also wishes to draw attention to allegations about deportations of persons with mental disabilities without judicial guarantees, including the right to be assisted by a lawyer.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Governance & Rule of Law
- Movement
- Person(s) affected
- Persons on the move
- Persons with disabilities
- Year
- 2010
Paragraph
Joint report with SRSG Violence against Children on child-sensitive complaint mechanisms 2011, para. 84
- Paragraph text
- An important area for partnership between civil society and governments concerns the provision of safe mechanisms for particularly vulnerable children, who are often hard to reach through government services. Marginalized children include those lacking parental care, those placed in institutional settings or in detention, those living and working in the streets, those with disabilities, those in extreme poverty, those trapped in child labour, or those on the move, including as migrants or asylum-seekers, as well as children in situations of armed conflict.
- Legal status
- Non-negotiated soft law
- 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
- Humanitarian
- Movement
- Person(s) affected
- Children
- Persons on the move
- Persons with disabilities
- Year
- 2011
Paragraph
Solitary confinement 2011, para. 86
- Paragraph text
- States should abolish the use of solitary confinement for juveniles and persons with mental disabilities. Regarding disciplinary measures for juveniles, the Special Rapporteur recommends that States should take other measures that do not involve the use of solitary confinement. In regard to the use of solitary confinement for persons with mental disabilities, the Special Rapporteur emphasizes that physical segregation of such persons may be necessary in some cases for their own safety, but solitary confinement should be strictly prohibited.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Person(s) affected
- Adolescents
- Persons with disabilities
- Year
- 2011
Paragraph
Certain forms of abuses in health-care settings that may cross a threshold of mistreatment that is tantamount to torture or cruel, inhuman or degrading treatment or punishment 2013, para. 10c
- Paragraph text
- [The Special Rapporteur calls upon all States to:] Replace forced treatment and commitment by services in the community. Such services must meet needs expressed by persons with disabilities and respect the autonomy, choices, dignity and privacy of the person concerned, with an emphasis on alternatives to the medical model of mental health, including peer support, awareness-raising and training of mental health-care and law enforcement personnel and others;
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Health
- Person(s) affected
- Persons with disabilities
- Year
- 2013
Paragraph
Certain forms of abuses in health-care settings that may cross a threshold of mistreatment that is tantamount to torture or cruel, inhuman or degrading treatment or punishment 2013, para. 10d
- Paragraph text
- [The Special Rapporteur calls upon all States to:] Revise the legal provisions that allow detention on mental health grounds or in mental health facilities, and any coercive interventions or treatments in the mental health setting without the free and informed consent by the person concerned. Legislation authorizing the institutionalization of persons with disabilities on the grounds of their disability without their free and informed consent must be abolished.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Health
- Person(s) affected
- Persons with disabilities
- Year
- 2013
Paragraph
Violence against women with disabilities 2012, para. 95
- Paragraph text
- Most States lack a specific and comprehensive law, policy or programme on persons with disabilities in general or on women with disabilities in particular. States that have a disability law do not specifically address the rights of women with disabilities in general, or violence specifically. States may also have a specific law on violence against women that generally provides remedies for all women, within a non-discriminatory framework. Unfortunately, such laws are not effectively implemented in respect of women with disabilities.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on violence against women, its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- Persons with disabilities
- Women
- Year
- 2012
Paragraph
Multiple and intersecting forms of discrimination and violence against women 2011, para. 13
- Paragraph text
- In 1993, the Vienna Conference on Human Rights adopted a declaration and a programme of action, which took into account both discrimination and violence against women. The Conference addressed specific human rights violations suffered by identifiable groups of individuals, including persons belonging to national, racial, ethnic, religious and linguistic minorities, indigenous peoples, women, children and persons with disabilities. It also recognized violence against women as a particular human rights violation which required the attention and resources of the United Nations.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on violence against women, its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Gender
- Governance & Rule of Law
- Violence
- Person(s) affected
- Children
- Ethnic minorities
- Persons with disabilities
- Women
- Year
- 2011
Paragraph
Violence against women with disabilities 2012, para. 98g
- Paragraph text
- [The Special Rapporteur recommends the following measures:] Good practices in respect of alternatives to prison custody, for people with disabilities, should be developed;
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on violence against women, its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Person(s) affected
- Persons with disabilities
- Year
- 2012
Paragraph
Integrating non-discrimination and equality into the post-2015 development agenda for water, sanitation and hygiene 2012, para. 70
- Paragraph text
- Currently, household surveys do not collect information about intrahousehold differences in access such as by sex, age, or disability. However, they could be amended to capture this dimension by focusing on the actual use of water, sanitation and hygiene by all individuals within a household which would allow for such monitoring. The Special Rapporteur's experience notes that interviewing women, children or persons with disabilities often draws a different picture of actual use of existing facilities, as well as of the existing barriers that explain lack of use.
- Legal status
- Non-negotiated soft law
- 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
- Persons with disabilities
- Women
- Year
- 2012
Paragraph
Sexual and reproductive health and rights of girls and young women with disabilities 2017, para. 53
- Paragraph text
- States must recognize the existing layers of identities within the disability community in order to adequately address the inequalities and intersectional discrimination experienced by girls and young women with disabilities. States should consider developing and implementing policies and practices targeting the most marginalized groups of girls and young women with disabilities (e.g., those with multiple or severe impairments and deaf-blind girls and young women) in order to accelerate or achieve de facto equality.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the rights of persons with disabilities
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Person(s) affected
- Girls
- Persons with disabilities
- Women
- Youth
- Year
- 2017
Paragraph
The right to adequate housing of persons with disabilities 2017, para. 82b (i)
- Original document
- Paragraph text
- [In that regard, the Special Rapporteur offers the following recommendations:] [Courts, tribunals and national human rights institutions should:] Interpret and apply domestic law in accordance with the right to adequate housing of persons with disabilities and in particular recognize that the rights to life, liberty, substantive equality and non-discrimination require Governments to address homelessness, provide support for living in the community and respond to the diverse housing needs of persons with disabilities;
- Legal status
- Non-negotiated soft law
- 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
- Persons with disabilities
- Year
- 2017
Paragraph
The right of persons with disabilities to social protection 2015, para. 88c
- Paragraph text
- [The Special Rapporteur makes the following recommendations to States with the aim of assisting them in developing and implementing disability- inclusive social protection systems:] Design disability benefits in a way that promotes the independence and social inclusion of persons with disabilities and does not limit their full and equal enjoyment of other human rights and fundamental freedoms;
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the rights of persons with disabilities
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Person(s) affected
- Persons with disabilities
- Year
- 2015
Paragraph
Sexual and reproductive health and rights of girls and young women with disabilities 2017, para. 62h
- Paragraph text
- [The Special Rapporteur makes the following recommendations to States:] Encourage and support the effective independent monitoring by national human rights institutions or other independent bodies of all public and private facilities and programmes that provide services to persons with disabilities, prevent all forms of exploitation, violence and abuse and take action when human rights violations are encountered;
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the rights of persons with disabilities
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Violence
- Person(s) affected
- Persons with disabilities
- Year
- 2017
Paragraph
Accessibility 2014, para. 7
- Paragraph text
- The World Report on Disability Summary, published in 2011 by the World Health Organization and the World Bank within the framework of the largest consultation ever and with the active involvement of hundreds of professionals in the field of disability, stresses that the built environment, transport systems and information and communication are often inaccessible to persons with disabilities (p. 10). Persons with disabilities are prevented from enjoying some of their basic rights, such as the right to seek employment or the right to health care, owing to a lack of accessible transport. The level of implementation of accessibility laws remains low in many countries and persons with disabilities are often denied their right to freedom of expression owing to the inaccessibility of information and communication. Even in countries where sign language interpretation services exist for deaf persons, the number of qualified interpreters is usually too low to meet the increasing demand for their services, and the fact that the interpreters have to travel individually to clients makes the use of their services too expensive. Persons with intellectual and psychosocial disabilities as well as deaf-blind persons face barriers when attempting to access information and communication owing to a lack of easy-to-read formats and augmentative and alternative modes of communication. They also face barriers when attempting to access services due to prejudices and a lack of adequate training of the staff providing those services.
- Legal status
- Non-negotiated soft law
- Body
- Committee on the Rights of Persons with Disabilities
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Person(s) affected
- Persons with disabilities
- Year
- 2014
Paragraph
Certain forms of abuses in health-care settings that may cross a threshold of mistreatment that is tantamount to torture or cruel, inhuman or degrading treatment or punishment 2013, para. 35
- Paragraph text
- The doctrine of medical necessity continues to be an obstacle to protection from arbitrary abuses in health-care settings. It is therefore important to clarify that treatment provided in violation of the terms of the Convention on the Rights of Persons with Disabilities - either through coercion or discrimination - cannot be legitimate or justified under the medical necessity doctrine.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Health
- Person(s) affected
- Persons with disabilities
- Year
- 2013
Paragraph
The right to adequate housing of persons with disabilities 2017, para. 20
- Paragraph text
- Homelessness disproportionately affects persons with disabilities. In a vicious circle, disability often leads to homelessness and homelessness, in turn, creates or exacerbates impairments and additional barriers linked to stigma and isolation. Of the homeless adults in shelters in the United States of America, 43 per cent have a disability. Persons with psychosocial and intellectual disabilities are particularly vulnerable to homelessness and its effects.
- Legal status
- Non-negotiated soft law
- 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
- Person(s) affected
- Persons with disabilities
- Year
- 2017
Paragraph
The right to adequate housing of persons with disabilities 2017, para. 34
- Original document
- Paragraph text
- “Respect for inherent dignity, individual autonomy including the freedom to make one’s own choices, and independence of persons” is a guiding principle set forth in article 3 (a) of the Convention that is particularly critical in the interpretation of the right to adequate housing. The deprivation of choice of where and with whom to live is often the most critical assault on dignity and autonomy for persons with disabilities.
- Legal status
- Non-negotiated soft law
- 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
- Governance & Rule of Law
- Person(s) affected
- Persons with disabilities
- Year
- 2017
Paragraph
The right to adequate housing of persons with disabilities 2017, para. 56
- Original document
- Paragraph text
- Persons with disabilities frequently have critical needs in relation to the location of housing in order to ensure access to work, accessible transportation, support services and health-care facilities. Patterns of displacement of low-income communities to the peripheries of cities have disproportionately affected persons with disabilities. Such displacement and isolation are contrary to the right to housing and other human rights of persons with disabilities.
- Legal status
- Non-negotiated soft law
- 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
- Person(s) affected
- Persons on the move
- Persons with disabilities
- Year
- 2017
Paragraph
Persons with Disabilities 1994, para. 38
- Paragraph text
- In order to facilitate the equal participation in cultural life of persons with disabilities, Governments should inform and educate the general public about disability. In particular, measures must be taken to dispel prejudices or superstitious beliefs against persons with disabilities, for example those that view epilepsy as a form of spirit possession or a child with disabilities as a form of punishment visited upon the family. Similarly, the general public should be educated to accept that persons with disabilities have as much right as any other person to make use of restaurants, hotels, recreation centres and cultural venues.
- Legal status
- Non-negotiated soft law
- Body
- Committee on Social, Economic and Cultural Rights
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Person(s) affected
- Children
- Persons with disabilities
- Year
- 1994
Paragraph
Persons with Disabilities 1994, para. 22
- Paragraph text
- According to the Standard Rules, persons with disabilities, whether in rural or urban areas, must have equal opportunities for productive and gainful employment in the labour market. For this to happen it is particularly important that artificial barriers to integration in general, and to employment in particular, be removed. As the International Labour Organization has noted, it is very often the physical barriers that society has erected in areas such as transport, housing and the workplace which are then cited as the reason why persons with disabilities cannot be employed. For example, as long as workplaces are designed and built in ways that make them inaccessible to wheelchairs, employers will be able to "justify" their failure to employ wheelchair users. Governments should also develop policies which promote and regulate flexible and alternative work arrangements that reasonably accommodate the needs of disabled workers.
- Legal status
- Non-negotiated soft law
- Body
- Committee on Social, Economic and Cultural Rights
- Document type
- General Comment / Recommendation
- Topic(s)
- Economic Rights
- Equality & Inclusion
- Person(s) affected
- Persons with disabilities
- Year
- 1994
Paragraph
Persons with Disabilities 1994, para. 26
- Paragraph text
- Trade union related rights (art. 8) apply equally to workers with disabilities and regardless of whether they work in special work facilities or in the open labour market. In addition, article 8, read in conjunction with other rights such as the right to freedom of association, serves to emphasize the importance of the right of persons with disabilities to form their own organizations. If these organizations are to be effective in "the promotion and protection of [the] economic and social interests" (art. 8 (1) (a)) of such persons, they should be consulted regularly by government bodies and others in relation to all matters affecting them; it may also be necessary that they be supported financially and otherwise so as to ensure their viability.
- Legal status
- Non-negotiated soft law
- Body
- Committee on Social, Economic and Cultural Rights
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Person(s) affected
- Persons with disabilities
- Year
- 1994
Paragraph
Persons with Disabilities 1994, para. 28
- Paragraph text
- Social security and income maintenance schemes are of particular importance for persons with disabilities. As stated in the Standard Rules, "States should ensure the provision of adequate income support to persons with disabilities who, owing to disability or disability related factors, have temporarily lost or received a reduction in their income or have been denied employment opportunities". Such support should reflect the special needs for assistance and other expenses often associated with disability. In addition, as far as possible, the support provided should also cover individuals (who are overwhelmingly female) who undertake the care of a person with disabilities. Such persons, including members of the families of persons with disabilities, are often in urgent need of financial support because of their assistance role.
- Legal status
- Non-negotiated soft law
- Body
- Committee on Social, Economic and Cultural Rights
- Document type
- General Comment / Recommendation
- Topic(s)
- Economic Rights
- Equality & Inclusion
- Person(s) affected
- Persons with disabilities
- Women
- Year
- 1994
Paragraph
Persons with Disabilities 1994, para. 30
- Paragraph text
- In the case of persons with disabilities, the Covenant's requirement that "protection and assistance" be rendered to the family means that everything possible should be done to enable such persons, when they so wish, to live with their families. Article 10 also implies, subject to the general principles of international human rights law, the right of persons with disabilities to marry and have their own family. These rights are frequently ignored or denied, especially in the case of persons with mental disabilities. In this and other contexts, the term "family" should be interpreted broadly and in accordance with appropriate local usage. States parties should ensure that laws and social policies and practices do not impede the realization of these rights. Persons with disabilities should have access to necessary counselling services in order to fulfil their rights and duties within the family.
- Legal status
- Non-negotiated soft law
- Body
- Committee on Social, Economic and Cultural Rights
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Person(s) affected
- Families
- Persons with disabilities
- Year
- 1994
Paragraph
Implementing child rights in early childhood 2006, para. 36d
- Paragraph text
- Children with disabilities (art. 23). Early childhood is the period during which disabilities are usually identified and the impact on children's well being and development recognized. Young children should never be institutionalized solely on the grounds of disability. It is a priority to ensure that they have equal opportunities to participate fully in education and community life, including by the removal of barriers that impede the realization of their rights. Young disabled children are entitled to appropriate specialist assistance, including support for their parents (or other caregivers). Disabled children should at all times be treated with dignity and in ways that encourage their self reliance. (See also the recommendations from the Committee's 1997 day of general discussion on "The rights of children with disabilities" contained in document CRC/C/66.);
- Legal status
- Non-negotiated soft law
- Body
- Committee on the Rights of the Child
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Person(s) affected
- Children
- Persons with disabilities
- Year
- 2006
Paragraph
The right of the child to rest, leisure, play, recreational activities, cultural life and the arts 2013, para. 50
- Paragraph text
- Children with disabilities: Multiple barriers impede access by children with disabilities to the rights provided for in article 31, including exclusion from school; informal and social arenas where friendships are formed and where play and recreation take place; isolation at the home; cultural attitudes and negative stereotypes which are hostile to and rejecting of children with disabilities; physical inaccessibility of, inter alia, public spaces, parks, playgrounds and equipment, cinemas, theatres, concert halls, sports facilities and arenas; policies that exclude them from sporting or cultural venues on the grounds of safety; communication barriers and failure to provide interpretation and adaptive technology; lack of accessible transport. Children with disabilities can also be hindered in the enjoyment of their rights if investment is not made to render radio, television, computers and tablets accessible, including through the use of assistive technologies. In this regard, the Committee welcomes article 30 of the Convention on the Rights of Persons with Disabilities which emphasizes the obligations of States parties to ensure that children with disabilities have equal access with other children to participation in play, recreation, sporting and leisure activities, including in the mainstream school system. Pro-active measures are needed to remove barriers and promote accessibility to and availability of inclusive opportunities for children with disabilities to participate in all these activities.
- Legal status
- Non-negotiated soft law
- 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
- 2013
Paragraph
Article 9: Liberty and security of person 2014, para. 19
- Paragraph text
- States parties should revise outdated laws and practices in the field of mental health in order to avoid arbitrary detention. The Committee emphasizes the harm inherent in any deprivation of liberty and also the particular harms that may result in situations of involuntary hospitalization. States parties should make available adequate community-based or alternative social-care services for persons with psychosocial disabilities, in order to provide less restrictive alternatives to confinement. The existence of a disability shall not in itself justify a deprivation of liberty but rather any deprivation of liberty must be necessary and proportionate, for the purpose of protecting the individual in question from serious harm or preventing injury to others. It must be applied only as a measure of last resort and for the shortest appropriate period of time, and must be accompanied by adequate procedural and substantive safeguards established by law. The procedures should ensure respect for the views of the individual and ensure that any representative genuinely represents and defends the wishes and interests of the individual. States parties must offer to institutionalized persons programmes of treatment and rehabilitation that serve the purposes that are asserted to justify the detention. Deprivation of liberty must be re-evaluated at appropriate intervals with regard to its continuing necessity. The individuals must be assisted in obtaining access to effective remedies for the vindication of their rights, including initial and periodic judicial review of the lawfulness of the detention, and to prevent conditions of detention incompatible with the Covenant.
- Legal status
- Non-negotiated soft law
- Body
- Human Rights Committee
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Health
- Person(s) affected
- Persons with disabilities
- Year
- 2014
Paragraph
Women in conflict prevention, conflict and post-conflict situations 2013, para. 51
- Paragraph text
- Women in rural areas are often disproportionately affected by the lack of adequate health and social services and inequitable access to land and natural resources. Similarly, their situation in conflict settings presents particular challenges with regard to their employment and reintegration, given that it is often exacerbated by the breakdown of services, resulting in food insecurity, inadequate shelter, deprivation of property and lack of access to water. Widows, women with disabilities, older women, single women without family support and female-headed households are especially vulnerable to increased economic hardship owing to their disadvantaged situation, and often lack employment and means and opportunities for economic survival.
- Legal status
- Non-negotiated soft law
- Body
- Committee on the Elimination of Discrimination against Women
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Humanitarian
- Person(s) affected
- Older persons
- Persons with disabilities
- Women
- Year
- 2013
Paragraph
Women’s access to justice 2015, para. 13
- Paragraph text
- The Committee has observed that the concentration of courts and quasi-judicial bodies in the main cities, their non-availability in rural and remote regions, the time and money needed to gain access to them, the complexity of proceedings, the physical barriers for women with disabilities, the lack of access to high-quality, gender-competent legal advice, including legal aid, as well as the often-noted deficiencies in the quality of justice systems (e.g., gender-insensitive judgements or decisions owing to a lack of training, delays and excessive length of proceedings, corruption) all prevent women from gaining access to justice.
- Legal status
- Non-negotiated soft law
- Body
- Committee on the Elimination of Discrimination against Women
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Gender
- Governance & Rule of Law
- Person(s) affected
- Persons with disabilities
- Women
- Year
- 2015
Paragraph
The right to adequate housing 1991, para. 8e
- Paragraph text
- [Thus the concept of adequacy is particularly significant in relation to the right to housing since it serves to underline a number of factors which must be taken into account in determining whether particular forms of shelter can be considered to constitute "adequate housing" for the purposes of the Covenant. While adequacy is determined in part by social, economic, cultural, climatic, ecological and other factors, the Committee believes that it is nevertheless possible to identify certain aspects of the right that must be taken into account for this purpose in any particular context. They include the following:] Accessibility. Adequate housing must be accessible to those entitled to it. Disadvantaged groups must be accorded full and sustainable access to adequate housing resources. Thus, such disadvantaged groups as the elderly, children, the physically disabled, the terminally ill, HIV positive individuals, persons with persistent medical problems, the mentally ill, victims of natural disasters, people living in disaster prone areas and other groups should be ensured some degree of priority consideration in the housing sphere. Both housing law and policy should take fully into account the special housing needs of these groups. Within many States parties increasing access to land by landless or impoverished segments of the society should constitute a central policy goal. Discernible governmental obligations need to be developed aiming to substantiate the right of all to a secure place to live in peace and dignity, including access to land as an entitlement;
- Legal status
- Non-negotiated soft law
- Body
- Committee on Social, Economic and Cultural Rights
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Social & Cultural Rights
- Person(s) affected
- Children
- Older persons
- Persons with disabilities
- Year
- 1991
Paragraph
The right to the highest attainable standard of health (Art. 12) 2000, para. 17
- Paragraph text
- The creation of conditions which would assure to all medical service and medical attention in the event of sickness (art. 12.2 (d)), both physical and mental, includes the provision of equal and timely access to basic preventive, curative, rehabilitative health services and health education; regular screening programmes; appropriate treatment of prevalent diseases, illnesses, injuries and disabilities, preferably at community level; the provision of essential drugs; and appropriate mental health treatment and care. A further important aspect is the improvement and furtherance of participation of the population in the provision of preventive and curative health services, such as the organization of the health sector, the insurance system and, in particular, participation in political decisions relating to the right to health taken at both the community and national levels.
- Legal status
- Non-negotiated soft law
- Body
- Committee on Social, Economic and Cultural Rights
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Health
- Person(s) affected
- Persons with disabilities
- Year
- 2000
Paragraph
The right to social security (Art. 9) 2007, para. 31
- Paragraph text
- Whereas everyone has the right to social security, States parties should give special attention to those individuals and groups who traditionally face difficulties in exercising this right, in particular women, the unemployed, workers inadequately protected by social security, persons working in the informal economy, sick or injured workers, people with disabilities, older persons, children and adult dependents, domestic workers, homeworkers, minority groups, refugees, asylum-seekers, internally displaced persons, returnees, non-nationals, prisoners and detainees.
- Legal status
- Non-negotiated soft law
- Body
- Committee on Social, Economic and Cultural Rights
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Movement
- Social & Cultural Rights
- Person(s) affected
- Children
- Older persons
- Persons on the move
- Persons with disabilities
- Women
- Year
- 2007
Paragraph
Non-discrimination in economic, social and cultural rights (Art. 2, para. 2) 2009, para. 28
- Paragraph text
- In its general comment No. 5, the Committee defined discrimination against persons with disabilities as "any distinction, exclusion, restriction or preference, or denial of reasonable accommodation based on disability which has the effect of nullifying or impairing the recognition, enjoyment or exercise of economic, social or cultural rights". The denial of reasonable accommodation should be included in national legislation as a prohibited form of discrimination on the basis of disability. States parties should address discrimination, such as prohibitions on the right to education, and denial of reasonable accommodation in public places such as public health facilities and the workplace, as well as in private places, e.g. as long as spaces are designed and built in ways that make them inaccessible to wheelchairs, such users will be effectively denied their right to work.
- Legal status
- Non-negotiated soft law
- Body
- Committee on Social, Economic and Cultural Rights
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Person(s) affected
- Persons with disabilities
- Year
- 2009
Paragraph
The right to just and favourable conditions of work (Art. 7) 2016, para. 5
- Paragraph text
- The right to just and favourable conditions of work is a right of everyone, without distinction of any kind. The reference to "everyone" highlights the fact that the right applies to all workers in all settings, regardless of gender, as well as young and older workers, workers with disabilities, workers in the informal sector, migrant workers, workers from ethnic and other minorities, domestic workers, self-employed workers, agricultural workers, refugee workers and unpaid workers. The reference to "everyone" reinforces the general prohibition on discrimination in article 2 (2) and the equality provision in article 3 of the Covenant, and is supplemented by the various references to equality and freedom from distinctions of any kind in sub-articles 7 (a) (i) and (c).
- Legal status
- Non-negotiated soft law
- Body
- Committee on Social, Economic and Cultural Rights
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Person(s) affected
- Persons on the move
- Persons with disabilities
- Youth
- Year
- 2016
Paragraph
The right to just and favourable conditions of work (Art. 7) 2016, para. 56
- Paragraph text
- The Committee underlines the importance of consultation in formulating, implementing, reviewing and monitoring laws and policies related to the right to just and favourable conditions of work, not only with traditional social partners such as workers and employers and their representative organizations, but also with other relevant organizations, such as those representing persons with disabilities, younger and older persons, women, workers in the informal economy, migrants and lesbian, gay, bisexual, transgender and intersex persons, as well as representatives of ethnic groups and indigenous communities.
- Legal status
- Non-negotiated soft law
- Body
- Committee on Social, Economic and Cultural Rights
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Person(s) affected
- LGBTQI+
- Persons with disabilities
- Women
- Year
- 2016
Paragraph
The right to just and favourable conditions of work (Art. 7) 2016, para. 26
- Paragraph text
- The national policy should cover all branches of economic activity, including the formal and informal sectors, and all categories of workers, including non-standard workers, apprentices and interns. It should take into account specific risks to the safety and health of female workers in the event of pregnancy, as well as of workers with disabilities, without any form of discrimination against these workers. Workers should be able to monitor working conditions without fear of reprisal.
- Legal status
- Non-negotiated soft law
- Body
- Committee on Social, Economic and Cultural Rights
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Health
- Person(s) affected
- Persons with disabilities
- Women
- Year
- 2016
Paragraph
The aims of education 2001, para. 6
- Paragraph text
- First, it emphasizes the indispensable interconnected nature of the Convention's provisions. It draws upon, reinforces, integrates and complements a variety of other provisions and cannot be properly understood in isolation from them. In addition to the general principles of the Convention - non-discrimination (art. 2), the best interest of the child (art. 3), the right to life, survival and development (art. 6), and the right to express views and have them taken into account (art. 12) - many other provisions may be mentioned, such as but not limited to the rights and responsibilities of parents (arts. 5 and 18), freedom of expression (art. 13), freedom of thought (art. 14), the right to information (art. 17), the rights of children with disabilities (art. 23), the right to education for health (art. 24), the right to education (art. 28), and the linguistic and cultural rights of children belonging to minority groups (art. 30).
- Legal status
- Non-negotiated soft law
- Body
- Committee on the Rights of the Child
- Document type
- General Comment / Recommendation
- Topic(s)
- Education
- Equality & Inclusion
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- Children
- Persons with disabilities
- Year
- 2001
Paragraph
The right of the child to freedom from all forms of violence 2011, para. 43a (ii)
- Paragraph text
- [Social measures should reflect governmental commitment to fulfilling child protection rights and provide for basic and targeted services. They can be initiated and implemented by both State and civil society actors under the responsibility of the State. Such measures include:] [Social policy measures to reduce risk and prevent violence against children, for example:] Identification and prevention of factors and circumstances which hinder vulnerable groups' access to services and full enjoyment of their rights (including indigenous and minority children and children with disabilities, among others);
- Legal status
- Non-negotiated soft law
- Body
- Committee on the Rights of the Child
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Social & Cultural Rights
- Violence
- Person(s) affected
- Children
- Ethnic minorities
- Persons with disabilities
- Year
- 2011
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;
- Legal status
- Non-negotiated soft law
- 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
Paragraph
Equal recognition before the law 2014, para. 29b
- 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:] All forms of support in the exercise of legal capacity, including more intensive forms of support, must be based on the will and preference of the person, not on what is perceived as being in his or her objective best interests;
- Legal status
- Non-negotiated soft law
- 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
Paragraph
Equal recognition before the law 2014, para. 29c
- 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:] A person's mode of communication must not be a barrier to obtaining support in decision-making, even where this communication is non-conventional, or understood by very few people;
- Legal status
- Non-negotiated soft law
- 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
Paragraph
Equal recognition before the law 2014, para. 29e
- 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:] In order to comply with the requirement, set out in article 12, paragraph 3, of the Convention, for States parties to take measures to "provide access" to the support required, States parties must ensure that support is available at nominal or no cost to persons with disabilities and that lack of financial resources is not a barrier to accessing support in the exercise of legal capacity;
- Legal status
- Non-negotiated soft law
- 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. 29f
- 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:] Support in decision-making must not be used as justification for limiting other fundamental rights of persons with disabilities, especially the right to vote, the right to marry, or establish a civil partnership, and found a family, reproductive rights, parental rights, the right to give consent for intimate relationships and medical treatment, and the right to liberty;
- Legal status
- Non-negotiated soft law
- Body
- Committee on the Rights of Persons with Disabilities
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Health
- Social & Cultural Rights
- Person(s) affected
- Persons with disabilities
- Year
- 2014
Paragraph
The right to inclusive education 2016, para. 12c
- Paragraph text
- [The core features of inclusive education are:] Whole person approach: recognition is given to the capacity of every person to learn, and high expectations are established for all learners, including learners with disabilities. Inclusive education offers flexible curricula, teaching and learning methods adapted to different strengths, requirements and learning styles. This approach implies the provision of support and reasonable accommodation and early intervention so that they are able to fulfil their potential. The focus is on learners' capacities and aspirations rather than content when planning teaching activities. It commits to ending segregation within educational settings by ensuring inclusive classroom teaching in accessible learning environments with appropriate supports. The education system must provide a personalized educational response, rather than expecting the student to fit the system.
- Legal status
- Non-negotiated soft law
- Body
- Committee on the Rights of Persons with Disabilities
- Document type
- General Comment / Recommendation
- Topic(s)
- Education
- Equality & Inclusion
- Person(s) affected
- Persons with disabilities
- Year
- 2016
Paragraph
Equal recognition before the law 2014, para. 45
- Paragraph text
- Interpreting article 12, paragraph 3, in the light of the right to live in the community (art. 19) means that support in the exercise of legal capacity should be provided through a community-based approach. States parties must recognize that communities are assets and partners in the process of learning what types of support are needed in the exercise of legal capacity, including raising awareness about different support options. States parties must recognize the social networks and naturally occurring community support (including friends, family and schools) of persons with disabilities as key to supported decision-making. This is consistent with the Convention's emphasis on the full inclusion and participation of persons with disabilities in the community.
- Legal status
- Non-negotiated soft law
- Body
- Committee on the Rights of Persons with Disabilities
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- Families
- Persons with disabilities
- Year
- 2014
Paragraph
Adolescent health and development in the context of the Convention of the Rights of the Child 2003, para. 35
- Paragraph text
- In accordance with article 23 of the Convention, adolescents with mental and/or physical disabilities have an equal right to the highest attainable standard of physical and mental health. States parties have an obligation to provide adolescents with disabilities with the means necessary to realize their rights. States parties should (a) ensure that health facilities, goods and services are available and accessible to all adolescents with disabilities and that these facilities and services promote their self-reliance and their active participation in the community; (b) ensure that the necessary equipment and personal support are available to enable them to move around, participate and communicate; (c) pay specific attention to the special needs relating to the sexuality of adolescents with disabilities; and (d) remove barriers that hinder adolescents with disabilities in realizing their rights.
- Legal status
- Non-negotiated soft law
- Body
- Committee on the Rights of the Child
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Health
- Person(s) affected
- Adolescents
- Children
- Persons with disabilities
- Year
- 2003
Paragraph
The right to inclusive education 2016, para. 30
- Paragraph text
- The denial of reasonable accommodation constitutes discrimination and the duty to provide reasonable accommodation is immediately applicable and not subject to progressive realization. States parties must ensure that independent systems are in place to monitor the appropriateness and effectiveness of accommodations, and provide safe, timely, and accessible mechanisms for redress when students with disabilities, and if relevant, their families, consider that they have not been adequately provided or have experienced discrimination. Measures to protect victims of discrimination against victimization during the redress process are essential.
- Legal status
- Non-negotiated soft law
- Body
- Committee on the Rights of Persons with Disabilities
- Document type
- General Comment / Recommendation
- Topic(s)
- Education
- Equality & Inclusion
- Person(s) affected
- Families
- Persons with disabilities
- Year
- 2016
Paragraph
The right to inclusive education 2016, para. 37
- Paragraph text
- According to article 24, paragraph 5, States parties should ensure that persons with disabilities are able to access general tertiary education, vocational training, adult education and lifelong learning without discrimination and on an equal basis with others. Attitudinal, physical, linguistic, communication, financial, legal and other barriers to education at these levels must be identified and removed in order to ensure equal access. Reasonable accommodation must be provided to ensure that persons with disabilities do not face discrimination. States parties should consider taking affirmative action measures in tertiary education in favour of learners with disabilities.
- Legal status
- Non-negotiated soft law
- Body
- Committee on the Rights of Persons with Disabilities
- Document type
- General Comment / Recommendation
- Topic(s)
- Education
- Equality & Inclusion
- Person(s) affected
- Persons with disabilities
- Year
- 2016
Paragraph
The right to inclusive education 2016, para. 38
- Paragraph text
- States parties should respect, protect and fulfill each of the essential features of the right to inclusive education: availability, accessibility, acceptability, adaptability. The obligation to respect requires avoiding measures that hinder the enjoyment of the right, such as legislation excluding certain children with disabilities from education, or denial of accessibility or reasonable accommodation. The obligation to protect requires taking measures that prevent third parties from interfering with the enjoyment of the right, for example, parents refusing to send girls with disabilities to school, or private institutions refusing to enrol persons with disabilities based on their impairment. The obligation to fulfill requires taking measures that enable and assist persons with disabilities to enjoy the right to education, for example, that education institutions are accessible and that education systems are adapted appropriately with resources and services.
- Legal status
- Non-negotiated soft law
- Body
- Committee on the Rights of Persons with Disabilities
- Document type
- General Comment / Recommendation
- Topic(s)
- Education
- Equality & Inclusion
- Person(s) affected
- Children
- Girls
- Persons with disabilities
- Year
- 2016
Paragraph
The right to inclusive education 2016, para. 40a
- Paragraph text
- [Progressive realization does not prejudice those obligations that are immediately applicable. Drawing from CESCR's General Comment, States parties have "a minimum core obligation to ensure the satisfaction of, at the very least, minimum essential levels" of each of the features of the right to education. Therefore States parties should implement the following core rights with immediate effect:] Non-discrimination in all aspects of education and encompassing all internationally prohibited grounds of discrimination. States parties must ensure non-exclusion from education for persons with disabilities and eliminate structural disadvantages to achieve effective participation and equality for all persons with disabilities. They must take urgent steps to remove all legal, administrative and other forms of discrimination impeding the right of access to inclusive education. The adoption of affirmative action measures does not constitute a violation of the right to non discrimination with regard to education, so long as such measures do not lead to the maintenance of unequal or separate standards for different groups.
- Legal status
- Non-negotiated soft law
- Body
- Committee on the Rights of Persons with Disabilities
- Document type
- General Comment / Recommendation
- Topic(s)
- Education
- Equality & Inclusion
- Person(s) affected
- Persons with disabilities
- Year
- 2016
Paragraph
The right to inclusive education 2016, para. 40b
- Paragraph text
- [Progressive realization does not prejudice those obligations that are immediately applicable. Drawing from CESCR's General Comment, States parties have "a minimum core obligation to ensure the satisfaction of, at the very least, minimum essential levels" of each of the features of the right to education. Therefore States parties should implement the following core rights with immediate effect:] Reasonable accommodations to ensure non-exclusion from education for persons with disabilities. Failure to provide reasonable accommodation constitutes discrimination on disability grounds.
- Legal status
- Non-negotiated soft law
- Body
- Committee on the Rights of Persons with Disabilities
- Document type
- General Comment / Recommendation
- Topic(s)
- Education
- Equality & Inclusion
- Person(s) affected
- Persons with disabilities
- Year
- 2016
Paragraph
The right to inclusive education 2016, para. 40c
- Paragraph text
- [Progressive realization does not prejudice those obligations that are immediately applicable. Drawing from CESCR's General Comment, States parties have "a minimum core obligation to ensure the satisfaction of, at the very least, minimum essential levels" of each of the features of the right to education. Therefore States parties should implement the following core rights with immediate effect:] Compulsory, free primary education available to all. States parties must take all appropriate measures to guarantee this right, on the basis of inclusion, to all children and youth with disabilities. The Committee urges States parties to "ensure access to and completion of quality education for all children and youth to at least 12 years of free, publicly funded, inclusive and equitable quality primary and secondary education, of which at least nine years are compulsory, as well as access to quality education for out-of- school children and youth through a range of modalities" as per the Education 2030 Framework for Action.
- Legal status
- Non-negotiated soft law
- Body
- Committee on the Rights of Persons with Disabilities
- Document type
- General Comment / Recommendation
- Topic(s)
- Education
- Equality & Inclusion
- Person(s) affected
- Children
- Persons with disabilities
- Youth
- Year
- 2016
Paragraph
The right to inclusive education 2016, para. 67
- Paragraph text
- State parties must commit sufficient financial and human resources throughout the development of Education Sector and cross-sector Plans to support the implementation of inclusive education, consistent with progressive realization. States parties must reform their governance systems and financing mechanisms to ensure the right to education of all persons with disabilities. States parties should also allocate budgets using mechanisms available under public procurement processes and partnerships with the private sector. These allocations must prioritise, inter alia, ensuring adequate resources for rendering existing educational settings accessible in a time bound manner, investment in inclusive teacher education, making available reasonable accommodations, providing accessible transport to school, making available appropriate and accessible text books, teaching and learning materials, ensuring assistive technology provisioning and Sign Language, and providing awareness raising initiatives to address stigma and discrimination, particularly bullying in educational settings.
- Legal status
- Non-negotiated soft law
- Body
- Committee on the Rights of Persons with Disabilities
- Document type
- General Comment / Recommendation
- Topic(s)
- Education
- Equality & Inclusion
- Person(s) affected
- Persons with disabilities
- Year
- 2016
Paragraph
The right to inclusive education 2016, para. 68
- Paragraph text
- The Committee urges States parties to achieve a transfer of resources from segregated to inclusive environments. States parties should develop a funding model that allocates resources and incentives for inclusive educational environments to provide the necessary support to persons with disabilities. The determination of the most appropriate approach to funding will be informed to a significant degree by the existing educational environment and the requirements of potential learners with disabilities who are affected by it.
- Legal status
- Non-negotiated soft law
- Body
- Committee on the Rights of Persons with Disabilities
- Document type
- General Comment / Recommendation
- Topic(s)
- Education
- Equality & Inclusion
- Person(s) affected
- Persons with disabilities
- Year
- 2016
Paragraph
Women and girls with disabilities 2016, para. 20
- Paragraph text
- The Convention sets out that States parties must take "all appropriate measures" to ensure and promote the full realization of all human rights and fundamental freedoms for all persons with disabilities. These measures are legislative, educational, administrative, cultural, political, linguistic, and others. Measures are appropriate if they respect the principles of the Convention, including achieving the goal of guaranteeing women with disabilities the exercise and enjoyment of the human rights and fundamental freedoms set out in the Convention. Measures may be temporary or long term and should overcome de jure and de facto inequality. While special temporary measures such as quotas, might be necessary to overcome structural and systemic multiple discrimination, long term measures such as reforming laws and policies to ensure the equal participation of women with disabilities in all areas of life are essential prerequisites for achieving substantive equality for women with disabilities.
- Legal status
- Non-negotiated soft law
- Body
- Committee on the Rights of Persons with Disabilities
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- Girls
- Persons with disabilities
- Women
- Year
- 2016
Paragraph
Women and girls with disabilities 2016, para. 21
- Paragraph text
- All measures must ensure the full development, advancement and empowerment of women with disabilities. Although development relates to economic growth and eradication of poverty, it is not limited to these fields. While gender and disability-sensitive development in the field of, among others, education, employment, income generation, and relating to combating violence may be appropriate measures to ensure the full economic empowerment of women with disabilities, additional measures are necessary with regard to health, political and cultural and sports participation.
- Legal status
- Non-negotiated soft law
- Body
- Committee on the Rights of Persons with Disabilities
- Document type
- General Comment / Recommendation
- Topic(s)
- Economic Rights
- Equality & Inclusion
- Poverty
- Person(s) affected
- Girls
- Persons with disabilities
- Women
- Year
- 2016
Paragraph
Women and girls with disabilities 2016, para. 37
- Paragraph text
- Women with disabilities are subjected to the same harmful practices committed against women without disabilities such as forced marriage, female genital mutilation, crimes committed in the name of so called honour, dowry related violence, widowhood practices and accusations of witchcraft . The consequences of harmful practices goes far beyond social exclusion. It reinforces harmful gender stereotypes, perpetuates inequalities and contributes to discrimination against women and girls. They can result in physical, and psychological violence and economic exploitation. Harmful practice based on patriarchal interpretations of culture cannot be evoked to justify violence against women and girls with disabilities. In addition, women and girls with disabilities are particularly at risk of 'virgin testing' and, regarding HIV/AIDS misbeliefs, "virgin rapes" .
- Legal status
- Non-negotiated soft law
- Body
- Committee on the Rights of Persons with Disabilities
- Document type
- General Comment / Recommendation
- Topic(s)
- Harmful Practices
- Violence
- Person(s) affected
- Girls
- Persons with disabilities
- Women
- Year
- 2016
Paragraph
Women and girls with disabilities 2016, para. 5
- Paragraph text
- Women with disabilities are not a homogenous group. They include: indigenous women; refugee, migrant, asylum seeker and internally displaced women; women in detention (hospitals, residential institutions, juvenile or correctional facilities and prisons); women living in poverty; women from different ethnic, religious and racial backgrounds; women with multiple disabilities and high levels of support; women with albinism; and lesbian, bi-sexual, transgender women, and intersex persons. The diversity of women with disabilities also includes all types of impairments which is understood as physical, psychosocial, intellectual or sensory conditions which may or may not come with functional limitations. Disability is understood as the social effect of the interaction between individual impairment and the social and material environment, as described in article 1.
- Legal status
- Non-negotiated soft law
- Body
- Committee on the Rights of Persons with Disabilities
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Humanitarian
- Movement
- Person(s) affected
- Ethnic minorities
- Girls
- Persons on the move
- Persons with disabilities
- Women
- Year
- 2016
Paragraph
Women and girls with disabilities 2016, para. 50
- Paragraph text
- Women with disabilities in situations of risk and humanitarian emergencies are at an increased risk of sexual violence as outlined in the previous section. In addition, the lack of sanitation facilities increases discrimination against women with disabilities. They face a number of barriers to accessing humanitarian aid. Although women and children are prioritised in the distribution of humanitarian relief, women with disabilities cannot always obtain information on relief projects as this is often not available in accessible formats. If women with disabilities do receive information, they may not be able to physically access distribution points, and if they do get access, women with disabilities many not be able to communicate with staff. Likewise, if women with disabilities are subjected to violence, exploitation or abuse, information and communication helplines and hotlines may not be accessible. Refugee camps often lack child protection mechanisms for children with disabilities. In addition, accessible sanitation facilities to ensure hygienic menstrual management are often unavailable which can in turn increase their risk of violence. Single women with disabilities face barriers to accessible evacuation as a result of an emergency or disaster situation, particularly if they are accompanied by their children at the time of evacuation. This disproportionately affects internally displaced women with disabilities who are without an adult family member, friends or caregivers. There are additional barriers faced by displaced girls with disabilities, to access formal and non-formal education, especially in crisis settings.
- Legal status
- Non-negotiated soft law
- Body
- Committee on the Rights of Persons with Disabilities
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Humanitarian
- Person(s) affected
- Children
- Persons on the move
- Persons with disabilities
- Women
- Year
- 2016
Paragraph
Women and girls with disabilities 2016, para. 51
- Paragraph text
- Women with disabilities, more often than men with disabilities and than the broader population of women, are denied their right to legal capacity. Their rights to maintain control over their reproductive health, including on the basis of free and informed consent , the right to found a family, the right to choose where and with whom to live, the right to physical and mental integrity, the right to own and inherit properties, to control their own financial affairs and to have equal access to bank loans, mortgages and other forms of financial credit are often violated through patriarchal systems of substituted decision-making.
- Legal status
- Non-negotiated soft law
- Body
- Committee on the Rights of Persons with Disabilities
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Health
- Person(s) affected
- Girls
- Persons with disabilities
- Women
- Year
- 2016
Paragraph
Women and girls with disabilities 2016, para. 52
- Paragraph text
- Women with disabilities face barriers to accessing justice including with regard to exploitation, violence and abuse, due to harmful stereotypes, discrimination and lack of procedural and reasonable accommodations, which can lead to their credibility being doubted and their accusations being dismissed . Procedures or enforcement attitudes may intimidate victims or discourage them from pursuing justice. These can include: complicated or degrading reporting procedures; referral of victims to social services rather than legal remedies; dismissive attitudes by police or other enforcement agencies. This can lead to impunity and invisibility of the issue, resulting in violence lasting for extended periods of time . Women with disabilities may also fear reporting violence, exploitation or abuse because they are concerned they may lose their support requirements from caregivers .
- Legal status
- Non-negotiated soft law
- Body
- Committee on the Rights of Persons with Disabilities
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Violence
- Person(s) affected
- Girls
- Persons with disabilities
- Women
- Year
- 2016
Paragraph
Women and girls with disabilities 2016, para. 54
- Paragraph text
- Women with disabilities are more likely to be subjected to forced interventions than other women in general and men with disabilities, and are 'wrongfully justified by theories of incapacity and therapeutic necessity (and) are legitimized under national laws, and may enjoy wide public support as being in the alleged "best interest" of the person concerned' . Forced interventions violate a number of articles of the Convention, namely: the right to equal recognition before the law; freedom from exploitation, violence and abuse; the right to found a family; protecting the integrity of the person; sexual and reproductive health and rights; and freedom from torture or cruel, inhuman or degrading treatment or punishment .
- Legal status
- Non-negotiated soft law
- Body
- Committee on the Rights of Persons with Disabilities
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Health
- Violence
- Person(s) affected
- Girls
- Persons with disabilities
- Women
- Year
- 2016
Paragraph
Implementing child rights in early childhood 2006, para. 11b (v)
- Paragraph text
- [Right to non discrimination. Article 2 ensures rights to every child, without discrimination of any kind. The Committee urges States parties to identify the implications of this principle for realizing rights in early childhood:] [Article 2 also means that particular groups of young children must not be discriminated against. Discrimination may take the form of reduced levels of nutrition; inadequate care and attention; restricted opportunities for play, learning and education; or inhibition of free expression of feelings and views. Discrimination may also be expressed through harsh treatment and unreasonable expectations, which may be exploitative or abusive. For example:] Young children who suffer multiple discrimination (e.g. related to ethnic origin, social and cultural status, gender and/or disabilities) are especially at risk.
- Legal status
- Non-negotiated soft law
- Body
- Committee on the Rights of the Child
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Person(s) affected
- Children
- Persons with disabilities
- Youth
- Year
- 2006
Paragraph
The rights of children with disabilities 2007, para. 6
- Paragraph text
- The present general comment is meant to provide guidance and assistance to States parties in their efforts to implement the rights of children with disabilities, in a comprehensive manner which covers all the provisions of the Convention. Thus, the Committee will first make some observations related directly to articles 2 and 23, then it will elaborate on the necessity of paying particular attention to and including explicitly children with disabilities within the framework of general measures for the implementation of the Convention. Those observations will be followed by comments on the meaning and the implementation of the various articles of the Convention (clustered in accordance with the Committee's practice) for children with disabilities.
- Legal status
- Non-negotiated soft law
- Body
- Committee on the Rights of the Child
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- Children
- Persons with disabilities
- Year
- 2007
Paragraph
The rights of children with disabilities 2007, para. 22
- Paragraph text
- In order to make information among States parties freely accessible and to cultivate an atmosphere of knowledge-sharing concerning, inter alia, the management and rehabilitation of children with disabilities, States parties should recognize the importance of international cooperation and technical assistance. Particular attention should be paid to developing countries that need assistance in setting up and/or funding programmes that protect and promote the rights of children with disabilities. These countries are experiencing increasing difficulties in mobilizing the adequate resources to meet the pressing needs of persons with disabilities and would urgently need assistance in the prevention of disability, the provision of services and rehabilitation, and in the equalization of opportunities. However, in order to respond to these growing needs, the international community should explore new ways and means of raising funds, including substantial increase of resources, and take the necessary follow-up measures for mobilizing resources. Therefore, voluntary contributions from Governments, increased regional and bilateral assistance as well as contributions from private sources should also be encouraged. UNICEF and the World Health Organization (WHO) have been instrumental in helping developing countries set up and implement specific programmes for children with disabilities. The process of knowledge exchange is also valuable in sharing updated medical knowledge and good practices, such as early identification and community-based approaches to early intervention and support to families, and addressing common challenges.
- Legal status
- Non-negotiated soft law
- Body
- Committee on the Rights of the Child
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Health
- Person(s) affected
- Children
- Persons with disabilities
- Year
- 2007
Paragraph
The rights of children with disabilities 2007, para. 23
- Paragraph text
- Countries that have endured, or continue to endure, internal or foreign conflict, during which land mines were laid, face a particular challenge. States parties are often not privy to plans of the sites where the land mines and unexploded ordnance were planted and the cost of mine clearance is very high. The Committee emphasizes the importance of international cooperation in accordance with the 1997 Convention on the Prohibition of the Use, Stockpiling, Production and Transfer of Anti-Personnel Mines and on their Destruction, in order to prevent injuries and deaths caused by landmines and unexploded ordnance that remain in place. In this regard the Committee recommends that States parties closely cooperate with a view to completely removing all landmines and unexploded ordnance in areas of armed conflict and/or previous armed conflict.
- Legal status
- Non-negotiated soft law
- Body
- Committee on the Rights of the Child
- Document type
- General Comment / Recommendation
- Topic(s)
- Humanitarian
- Person(s) affected
- Children
- Persons with disabilities
- Year
- 2007
Paragraph
The rights of children with disabilities 2007, para. 48
- Paragraph text
- The Committee is concerned at the fact that children with disabilities are not often heard in separation and placement processes. In general, decision-making processes do not attach enough weight to children as partners even though these decisions have a far-reaching impact on the child's life and future. Therefore, the Committee recommends that States parties continue and strengthen their efforts to take into consideration the views of children with disabilities and facilitate their participation in all matters affecting them within the evaluation, separation and placement process in out-of-home care, and during the transition process. The Committee also emphasizes that children should be heard throughout the protection measure process, before making the decision as well as during and after its implementation. In this context, the Committee draws the attention of the States parties to the Committee's recommendations adopted on its day of general discussion on children without parental care, held on 16 September 2005 (CRC/C/153, paragraphs 636-689).
- Legal status
- Non-negotiated soft law
- Body
- Committee on the Rights of the Child
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- Children
- Persons with disabilities
- Year
- 2007
Paragraph
The rights of children with disabilities 2007, para. 51
- Paragraph text
- Attainment of the highest possible standard of health as well as access and affordability of quality healthcare is an inherent right for all children. Children with disabilities are often left out because of several challenges, including discrimination, inaccessibility due to the lack of information and/or financial resources, transportation, geographic distribution and physical access to health care facilities. Another factor is the absence of targeted health care programmes that address the specific needs of children with disabilities. Health policies should be comprehensive and address early detection of disabilities, early intervention, including psychological and physical treatment, rehabilitation including physical aids, for example limb prosthesis, mobility devices, hearing aids and visual aids.
- Legal status
- Non-negotiated soft law
- Body
- Committee on the Rights of the Child
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Health
- Person(s) affected
- Children
- Persons with disabilities
- Year
- 2007
Paragraph
The rights of children with disabilities 2007, para. 54
- Paragraph text
- Domestic and road traffic accidents are a major cause of disability in some countries and policies of prevention need to be established and implemented such as the laws on seat belts and traffic safety. Lifestyle issues, such as alcohol and drug abuse during pregnancy, are also preventable causes of disabilities and in some countries the fetal alcohol syndrome presents a major cause for concern. Public education, identification and support for pregnant mothers who may be abusing such substances are just some of the measures that may be taken to prevent such causes of disability among children. Hazardous environment toxins also contribute to the causes of many disabilities. Toxins, such as lead, mercury, asbestos, etc., are commonly found in most countries. Countries should establish and implement policies to prevent dumping of hazardous materials and other means of polluting the environment. Furthermore, strict guidelines and safeguards should also be established to prevent radiation accidents.
- Legal status
- Non-negotiated soft law
- Body
- Committee on the Rights of the Child
- Document type
- General Comment / Recommendation
- Topic(s)
- Environment
- Equality & Inclusion
- Health
- Person(s) affected
- Children
- Infants
- Persons with disabilities
- Women
- Year
- 2007
Paragraph
The rights of children with disabilities 2007, para. 78
- Paragraph text
- As previously noted above, armed conflicts are a major cause of disabilities whether children are actually involved in the conflict or are victims of combat. In this context, Governments are urged to ratify and implement the Optional Protocol on the involvement of children in armed conflict (OPAC). Special attention should be paid to the recovery and social re-integration of children who suffer disabilities as a result of armed conflicts. Furthermore, the Committee recommends that States parties explicitly exclude children with disabilities from recruitment in armed forces and take the necessary legislative and other measures to fully implement that prohibition.
- Legal status
- Non-negotiated soft law
- Body
- Committee on the Rights of the Child
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Humanitarian
- Person(s) affected
- Children
- Persons with disabilities
- Year
- 2007
Paragraph
Vision for the mandate 2016, para. 15
- Paragraph text
- As an initial step, the mandate holder will outline, in broad strokes, some of the obstacles with which persons with albinism are confronted. The obstacles identified constitute the main areas of concern and priorities of the mandate holder and include human rights violations such as attacks, desecration of graves, trafficking of body parts, displacement, discrimination against persons with albinism, as well as human rights violations based on disabilities, challenges in the right to the highest attainable standard of health and the right to education. The Independent Expert would also like to draw attention to the particularly concerning situation of women and children with albinism.
- Legal status
- Non-negotiated soft law
- Body
- Independent Expert on the enjoyment of human rights by persons with albinism
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Health
- Person(s) affected
- Children
- Persons on the move
- Persons with disabilities
- Women
- Year
- 2016
Paragraph
The right of persons with disabilities to social protection 2015, para. 16
- Paragraph text
- The objective of universal social protection, already reflected in ILO recommendation No. 202, has recently been endorsed by the World Bank and ILO in a joint initiative. As co-chairs of the Social Protection Inter-agency Cooperation Board, and together with other United Nations agencies and development partners represented on the Board, both institutions can play a major role in promoting social protection responses that are inclusive of persons with disabilities, and in providing guidance to States on how to include a disability perspective into their national social protection systems.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the rights of persons with disabilities
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- Persons with disabilities
- Year
- 2015
Paragraph
The right of persons with disabilities to social protection 2015, para. 25
- Paragraph text
- Poverty affects persons with disabilities in a disproportionate manner. They are overrepresented among the poorest in the world, experiencing higher rates of poverty and deprivation, and lower levels of income than the general population. A study using comparable data and methods across 15 developing countries in Africa, Asia, and Latin America and the Caribbean found a significant association between disability and multidimensional poverty in at least 11 of the countries studied. Persons with disabilities are also at a significantly higher risk of relative income poverty in most countries of the Organization for Economic Cooperation and Development (OECD), with poverty rates for persons with disabilities exceeding 30 per cent in some countries. Similarly, contributions to the present report illustrate the existence of high poverty rates among persons with disabilities in both developed and developing countries.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the rights of persons with disabilities
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Poverty
- Person(s) affected
- Persons with disabilities
- Year
- 2015
Paragraph
The right of persons with disabilities to social protection 2015, para. 26
- Paragraph text
- The exclusion of persons with disabilities from the labour market contributes significantly to explaining these poverty levels. Working-age adults with disabilities experience low employment rates and salaries worldwide. A study in 10 developing countries shows that unemployment and labour inactivity range from 32 to 1 00 per cent among people with disabilities, depending on the level of the impairment. Those who work do so primarily in the informal sector, which increases their likelihood of receiving a wage below the minimum rate and of not being covered by social insurance. Persons with psychosocial and intellectual disabilities are less likely to be employed than other persons with disabilities. In OECD countries, the employment rate of persons with disabilities is on average 40 per cent lower than the overall level, while the unemployment rate is twice as high. According to ILO, the economic loss related to the exclusion of persons with disabilities from the labour market in low- and middle-income countries is between 3 and 7 per cent of the gross domestic product.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the rights of persons with disabilities
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Poverty
- Person(s) affected
- Persons with disabilities
- Year
- 2015
Paragraph
The right of persons with disabilities to social protection 2015, para. 27
- Paragraph text
- Discrimination and stigma, unequal opportunities, and physical and attitudinal barriers are also causes for the social exclusion and poverty of persons with disabilities. Lack of education, in particular, has a significant impact on poverty in adulthood of persons with disabilities. As research shows, persons with disabilities with higher educational attainments have considerably higher employment and income rates. Nonetheless, children and youth with disabilities are less likely to attend school or to be promoted in school, which affects their opportunities for future employment. Furthermore, measures such as the arrest of homeless persons have a disproportionate impact on persons with psychosocial disabilities and may criminalize persons in need of support.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the rights of persons with disabilities
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Poverty
- Person(s) affected
- Children
- Persons with disabilities
- Youth
- Year
- 2015
Paragraph
The right of persons with disabilities to social protection 2015, para. 13
- Paragraph text
- By the time the Special Rapporteur presents this report, the General Assembly will have already adopted the Sustainable Development Goals. The draft final outcome document and the Addis Ababa Action Agenda, adopted in July 2015, include important references to persons with disabilities. This reflects a growing consensus among States and successful advocacy by the disability community regarding a critical message: one of the reasons why the Millennium Development Goals have fallen short of reaching the set milestones is that persons with disabilities were completely absent from that framework.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the rights of persons with disabilities
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Gender
- Person(s) affected
- Persons with disabilities
- Year
- 2015
Paragraph
The right of persons with disabilities to social protection 2015, para. 14
- Paragraph text
- Social protection is a fundamental tool for achieving the proposed targets and goals, as mentioned in proposed goal 1 (End poverty in all its forms everywhere), 5 (Achieve gender equality and empower all women and girls) and 10 (Reduce inequality within and among countries). In relation to persons with disabilities, goal 1 should be addressed in the short term by mainstreaming disability in all social protection and poverty reduction programmes - a task that remains a global challenge. Social protection should further be used as an important instrument for pursuing other proposed goals in the context of disability, including those of ensuring healthy lives and well-being, guaranteeing inclusive, equitable quality education, promoting lifelong learning and opportunities for all, and promoting full and productive employment and decent work for all. The Addis Ababa Action Agenda highlights the importance of financing sustainable and nationally appropriate social protection systems with a focus on persons with disabilities, among others.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the rights of persons with disabilities
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Gender
- Poverty
- Person(s) affected
- Girls
- Persons with disabilities
- Women
- Year
- 2015
Paragraph
The right of persons with disabilities to social protection 2015, para. 15
- Paragraph text
- Social protection should be aimed at achieving universality and, thus, at contributing to the objective of the enjoyment by all persons of an adequate standard of living. Universal social protection involves comprehensive systems that guarantee income security and support services for all persons across the life cycle, paying particular attention to those experiencing poverty, exclusion or marginalization. At the same time, universal social protection should entail inclusiveness, i.e. take into account the particular circumstances of all persons, including those with disabilities.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the rights of persons with disabilities
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Poverty
- Social & Cultural Rights
- Person(s) affected
- Persons with disabilities
- Year
- 2015
Paragraph
The right of persons with disabilities to social protection 2015, para. 43
- Paragraph text
- States have to include the right of persons with disabilities to social protection in their domestic legal framework. Where national legal frameworks define entitlements to social protection benefits, rights-holders have a legal ground to claim their rights, and the system as a whole tends to be more stable and sustainable. While the contributions to the present report illustrate a variety of approaches, existing legislation generally falls short in guaranteeing this right in its full extent to persons with disabilities on an equal basis with others. It is encouraging to note, however, that, in line with their obligations under the Convention, States have started an analysis to assess where they stand and identify legislative gaps. This analysis is an important step for States to take towards a comprehensive harmonization process, where national legislation, policies, customs and practices are measured against the principles, rights and obligations of the Convention.
- Legal status
- Non-negotiated soft law
- 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
- 2015
Paragraph
The right of persons with disabilities to social protection 2015, para. 63
- Paragraph text
- States must ensure that social protection programmes meet the standards of quality, adaptability, acceptability and adequacy for all persons with disabilities. Accordingly, social protection programmes must be adapted to the needs of persons with disabilities in their local context; be acceptable in the light of the multiple discrimination that they face; and provide benefits of an adequate amount and duration to enable beneficiaries to enjoy an adequate standard of living. In other words, States must ensure that benefits and services offered by social protection programmes are relevant and consistent with the right of persons with disabilities to an adequate standard of living.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the rights of persons with disabilities
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Person(s) affected
- Persons with disabilities
- Year
- 2015
Paragraph
The right of persons with disabilities to social protection 2015, para. 67
- Paragraph text
- To be inclusive, States should support persons with disabilities in meeting the conditionalities established by conditional cash transfer programmes. While allowing them to benefit from the programmes despite not meeting the conditionality criteria is a positive, if insufficient, measure, an intersectoral intervention is needed to guarantee access to the required services by persons with disabilities and their families. This support must also be available to parents with disabilities when they are not the direct beneficiaries, but are responsible for ensuring that the targeted members of the household meet the set conditions.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the rights of persons with disabilities
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Person(s) affected
- Families
- Persons with disabilities
- Year
- 2015
Paragraph
The right of persons with disabilities to social protection 2015, para. 44
- Paragraph text
- States should ensure that provisions relating to the access of persons with disabilities to social protection are included in disability-specific legislation and in mainstream legislation and policy on social protection. Indeed, the review process should encompass legislative areas beyond the traditional scope of social insurance and disability-specific laws, including for instance legislation on education, health, employment, housing and social inclusion.
- Legal status
- Non-negotiated soft law
- 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
- 2015
Paragraph
The right of persons with disabilities to social protection 2015, para. 58
- Paragraph text
- Third, in the case of means-tested programmes, income thresholds are usually determined at the household level through direct means-testing or proxy means- testing. These instruments tend to overlook the extra cost of disability and, when it is considered, an individual assessment of personal and environmental factors affecting that cost is hardly ever made. Thus, persons with disabilities with higher support needs tend to be overlooked.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the rights of persons with disabilities
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Person(s) affected
- Persons with disabilities
- Year
- 2015
Paragraph
Women and girls with disabilities 2016, para. 9
- Paragraph text
- Article 6 is a binding non-discrimination and equality provision that unequivocally outlaws discrimination against women with disabilities and promotes equality of opportunity and equality of outcomes. Women and girls with disabilities are more likely to be discriminated against than men and boys with disabilities and the larger population of women and girls.
- Legal status
- Non-negotiated soft law
- Body
- Committee on the Rights of Persons with Disabilities
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Person(s) affected
- Boys
- Girls
- Men
- Persons with disabilities
- Women
- Year
- 2016
Paragraph
Women and girls with disabilities 2016, para. 22
- Paragraph text
- Advancement and empowerment of women with disabilities goes beyond the goal of development in so far as measures must also target the improvement of the situation of women with disabilities throughout their lifespan. It is not enough to recognize women with disabilities in development measures rather, they must also be able to participate in and contribute to society.
- Legal status
- Non-negotiated soft law
- Body
- Committee on the Rights of Persons with Disabilities
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Person(s) affected
- Girls
- Persons with disabilities
- Women
- Year
- 2016
Paragraph
Women and girls with disabilities 2016, para. 24
- Paragraph text
- State parties to the Convention have an obligation to respect, to protect and to fulfil the rights of women with disabilities under article 6 and all other substantive provisions in order to guarantee them the enjoyment and exercise of all human rights and fundamental freedoms. These duties imply the undertaking of legal, political, administrative, educational and other measures.
- Legal status
- Non-negotiated soft law
- Body
- Committee on the Rights of Persons with Disabilities
- Document type
- General Comment / Recommendation
- Topic(s)
- Education
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- Girls
- Persons with disabilities
- Women
- Year
- 2016
Paragraph
Women and girls with disabilities 2016, para. 28a
- Paragraph text
- [The cross-cutting nature of article 6 inextricably links it to all other substantive provisions of the Convention. In addition to the articles that have an explicit reference to sex and/or gender, the rights of women with disabilities under article 6 are particularly interrelated with the following provisions:] Violence against women with disabilities (art. 16);
- Legal status
- Non-negotiated soft law
- Body
- Committee on the Rights of Persons with Disabilities
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Gender
- Person(s) affected
- Girls
- Persons with disabilities
- Women
- Year
- 2016
Paragraph
Vision for the mandate 2016, para. 34
- Paragraph text
- The term "persons with disabilities" under the Convention on the Rights of Persons with Disabilities has a broad scope and includes any person with a long-term physical, mental, intellectual or sensory impairment, which, in interaction with various barriers, may hinder his or her full and effective participation in society on an equal basis with others.
- Legal status
- Non-negotiated soft law
- Body
- Independent Expert on the enjoyment of human rights by persons with albinism
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Health
- Person(s) affected
- Persons with disabilities
- Year
- 2016
Paragraph
Accessibility 2014, para. 19
- Paragraph text
- Since a lack of accessibility is often the result of insufficient awareness and technical know-how, article 9 requires that States parties provide training to all stakeholders on accessibility for persons with disabilities (para. 2 (c)). Article 9 does not attempt to enumerate the relevant stakeholders; any exhaustive list should include the authorities that issue building permits, broadcasting boards and ICT licences, engineers, designers, architects, urban planners, transport authorities, service providers, members of the academic community and persons with disabilities and their organizations. Training should be provided not only to those designing goods, services and products, but also to those who actually produce them. In addition, strengthening the direct involvement of persons with disabilities in product development would improve the understanding of existing needs and the effectiveness of accessibility tests. Ultimately, it is the builders on the construction site who make a building accessible or not. It is important to put in place training and monitoring systems for all these groups in order to ensure the practical application of accessibility standards.
- Legal status
- Non-negotiated soft law
- Body
- Committee on the Rights of Persons with Disabilities
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Person(s) affected
- Persons with disabilities
- Year
- 2014
Paragraph
Mandate, working methods, work plan for the mandate 2015, para. 16
- Paragraph text
- As the jointly agreed and highest international standard on the rights of persons with disabilities, the Convention on the Rights of Persons with Disabilities should guide all actions related to the advancement of the rights of persons with disabilities, including the work of the Special Rapporteur. The Convention has had an overwhelmingly positive reception; since 2006, it has been ratified or acceded to by 150 States and the European Union, and the Special Rapporteur has joined other stakeholders in a call for universal ratification. This demonstrates an acceptance by the global community of the Convention as a universal standard and a collectively agreed benchmark against which progress is to be measured.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the rights of persons with disabilities
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- Persons with disabilities
- Year
- 2015
Paragraph
Mandate, working methods, work plan for the mandate 2015, para. 17
- Paragraph text
- Owing to the participatory nature of the negotiations on the Convention on the Rights of Persons with Disabilities, it can be argued that the Convention enjoys ipso facto a certain level of unprecedented legitimacy, accorded to it not only by a large number of States but also by the rights-holders themselves. Persons with disabilities and their representative organizations were not merely consulted in the drafting process; their expertise was recognized and valued, and they became part and parcel of the negotiating process. This had a direct impact on the text of the Convention, where participation and inclusion are present throughout, including as a general principle (art. 3), a general obligation of States parties in relation to any decision-making process (art. 4) and a specific obligation in relation to developing a national implementation and monitoring framework (art. 33). The Special Rapporteur attaches great importance to such an outstanding participatory approach and wishes to maintain and reinforce it in her work.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the rights of persons with disabilities
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- Persons with disabilities
- Year
- 2015
Paragraph
Mandate, working methods, work plan for the mandate 2015, para. 19b
- Paragraph text
- [The Special Rapporteur will be guided by the following overarching considerations in all aspects of her work:] Inclusiveness. The Special Rapporteur will work in an inclusive manner, aiming to ensure that the needs and concerns of persons with all different kinds of impairment are taken into equal consideration and that her work is age-sensitive, paying special attention to children, adolescents and older persons with disabilities. She will be attentive to the specific situation of persons with disabilities who may be subject to multiple or aggravated forms of discrimination on the basis of race, colour, sex, language, religion, political or other opinion, national, ethnic, indigenous or social origin, property, birth, age or other status, and the multiple layers of barriers that these intersections may create. She will also work across social and economic groups and layers and do her utmost to ensure that no one is left behind in her deliberations.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the rights of persons with disabilities
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Person(s) affected
- Adolescents
- Children
- Older persons
- Persons with disabilities
- Year
- 2015
Paragraph
Mandate, working methods, work plan for the mandate 2015, para. 23d
- Paragraph text
- [The Special Rapporteur recognizes that a very important part of the mandate is to support States in the development of their national efforts to advance the implementation of the rights of persons with disabilities. To accomplish this, the Special Rapporteur will put particular emphasis on the following activities:] Country visits. The Special Rapporteur will, at the invitation of Governments, undertake country visits to learn about national realities and observe relevant laws, policies and programmes, and identify good practices and areas of cooperation and technical support to advance constructive dialogue and further developments in the field of the rights of persons with disabilities. She will study national legislation, policies, programmes and practices, and regulatory frameworks and institutions, to provide guidance to States in their activities - including, where relevant, by supporting them in implementing recommendations made by human rights mechanisms - in seeking to advance the rights of persons with disabilities in accordance with the Convention.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the rights of persons with disabilities
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- Persons with disabilities
- Year
- 2015
Paragraph
Mandate, working methods, work plan for the mandate 2015, para. 23e
- Paragraph text
- [The Special Rapporteur recognizes that a very important part of the mandate is to support States in the development of their national efforts to advance the implementation of the rights of persons with disabilities. To accomplish this, the Special Rapporteur will put particular emphasis on the following activities:] Statistics and data-collection. With a view to promoting the inclusion of persons with disabilities in national data-collection systems, and guided by article 31 of the Convention, the Special Rapporteur will support efforts to collect adequately disaggregated data and statistics to enable States to formulate and implement policies to give effect to the Convention.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the rights of persons with disabilities
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- Persons with disabilities
- Year
- 2015
Paragraph
Mandate, working methods, work plan for the mandate 2015, para. 25
- Paragraph text
- Guided by Human Rights Council resolution 26/20 and the call made in the Convention for international cooperation that is inclusive of and accessible to persons with disabilities, the Special Rapporteur will pay particular attention to promoting the role of persons with disabilities as both agents for and beneficiaries of development, and make recommendations thereon. In development cooperation efforts, she will, in particular, seek to promote South-South and triangular cooperation that reinforces national ownership of efforts. In addition, she will engage in the final stages of the process leading to the establishment of a new international development agenda beyond 2015, joining other stakeholders in advocating for the post-2015 period that is sustainable, inclusive and accessible. The focus of the mandate holder will be on ensuring that achievements are retained and that goals and targets are translated into meaningful and inclusive indicators, and on developing efficient and inclusive implementation and monitoring frameworks for the new agenda.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the rights of persons with disabilities
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- Persons with disabilities
- Year
- 2015
Paragraph
Disability-inclusive policies 2016, para. 6
- Paragraph text
- Persons with disabilities experience great inequalities worldwide and are more likely to experience poverty and other forms of social exclusion. They are also less likely to be employed, receive an education, or gain access to public services. Moreover, they are more likely to be the victims of violence and contract HIV/AIDS. Deaf persons, hard of hearing persons, deaf-blind persons, autistic persons and persons with psychosocial or intellectual disabilities, among other groups, face additional challenges in accessing essential services, such as health care, education or justice, owing to existing discriminatory legal and policy frameworks, segregated facilities and/or the lack of support, including support services.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the rights of persons with disabilities
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Person(s) affected
- Persons with disabilities
- Year
- 2016
Paragraph
Equal recognition before the law 2014, para. 9
- Paragraph text
- All persons with disabilities, including those with physical, mental, intellectual or sensory impairments, can be affected by denial of legal capacity and substitute decision-making. However, persons with cognitive or psychosocial disabilities have been, and still are, disproportionately affected by substitute decision-making regimes and denial of legal capacity. The Committee reaffirms that a person's status as a person with a disability or the existence of an impairment (including a physical or sensory impairment) must never be grounds for denying legal capacity or any of the rights provided for in article 12. All practices that in purpose or effect violate article 12 must be abolished in order to ensure that full legal capacity is restored to persons with disabilities on an equal basis with others.
- Legal status
- Non-negotiated soft law
- Body
- Committee on the Rights of Persons with Disabilities
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Health
- Person(s) affected
- Persons with disabilities
- Year
- 2014
Paragraph
Disability-inclusive policies 2016, para. 9
- Paragraph text
- The adoption of the Sustainable Development Goals in 2015, which contain several references to persons with disabilities, represents an exceptional opportunity for States to design and implement disability-inclusive policies for the next 15 years, as they review their national development plans to align them to the Goals. Nonetheless, while there is an international commitment to "leave no one behind" and a consensus that no goal should be met unless it is met for everyone, it remains unclear how those promises will be translated into practice by State officials and policymakers worldwide, particularly in relation to persons with disabilities; hence the need for guidance on how to design and implement disability-inclusive policies and ensure that all the Goals and their related targets benefit persons with disabilities.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the rights of persons with disabilities
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Person(s) affected
- Persons with disabilities
- Year
- 2016
Paragraph
Equal recognition before the law 2014, para. 13
- Paragraph text
- Legal capacity and mental capacity are distinct concepts. Legal capacity is the ability to hold rights and duties (legal standing) and to exercise those rights and duties (legal agency). It is the key to accessing meaningful participation in society. Mental capacity refers to the decision-making skills of a person, which naturally vary from one person to another and may be different for a given person depending on many factors, including environmental and social factors. Legal instruments such as the Universal Declaration of Human Rights (art. 6), the International Covenant on Civil and Political Rights (art. 16) and the Convention on the Elimination of All Forms of Discrimination Against Women (art. 15) do not specify the distinction between mental and legal capacity. Article 12 of the Convention on the Rights of Persons with Disabilities, however, makes it clear that "unsoundedness of mind" and other discriminatory labels are not legitimate reasons for the denial of legal capacity (both legal standing and legal agency). Under article 12 of the Convention, perceived or actual deficits in mental capacity must not be used as justification for denying legal capacity.
- Legal status
- Non-negotiated soft law
- Body
- Committee on the Rights of Persons with Disabilities
- Document type
- General Comment / Recommendation
- Topic(s)
- Environment
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- Persons with disabilities
- Women
- Year
- 2014
Paragraph
Equal recognition before the law 2014, para. 15
- Paragraph text
- In most of the State party reports that the Committee has examined so far, the concepts of mental and legal capacity have been conflated so that where a person is considered to have impaired decision-making skills, often because of a cognitive or psychosocial disability, his or her legal capacity to make a particular decision is consequently removed. This is decided simply on the basis of the diagnosis of an impairment (status approach), or where a person makes a decision that is considered to have negative consequences (outcome approach), or where a person's decision-making skills are considered to be deficient (functional approach). The functional approach attempts to assess mental capacity and deny legal capacity accordingly. It is often based on whether a person can understand the nature and consequences of a decision and/or whether he or she can use or weigh the relevant information. This approach is flawed for two key reasons: (a) it is discriminatorily applied to people with disabilities; and (b) it presumes to be able to accurately assess the inner-workings of the human mind and, when the person does not pass the assessment, it then denies him or her a core human right - the right to equal recognition before the law. In all of those approaches, a person's disability and/or decision-making skills are taken as legitimate grounds for denying his or her legal capacity and lowering his or her status as a person before the law. Article 12 does not permit such discriminatory denial of legal capacity, but, rather, requires that support be provided in the exercise of legal capacity.
- Legal status
- Non-negotiated soft law
- Body
- Committee on the Rights of Persons with Disabilities
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Health
- Person(s) affected
- Persons with disabilities
- Year
- 2014
Paragraph
Disability-inclusive policies 2016, para. 40
- Paragraph text
- To address the widespread lack of enforcement, accessibility requirements should be established for general buildings, transportation and web regulations, as well as other statutory technical regulations. Similarly, authorizations and licences to build or alter existing structures and services should require the implementation of accessibility standards. States should also incorporate accessibility requirements into their public procurement policies and procedures and into their national public investment systems. For example, directive 2014/24/EU of the European Parliament and the Council on public procurement takes into account accessibility criteria for persons with disabilities.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the rights of persons with disabilities
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- Persons with disabilities
- Year
- 2016
Paragraph
Disability-inclusive policies 2016, para. 41
- Paragraph text
- Private services provided to the public and entities open to the same must also meet appropriate accessibility standards. That includes service providers, such as private schools and medical facilities, and private businesses, such as stores or cinemas. Any facility or entity designed to serve the public at large, in particular public services, must be accessible. As most service providers and business owners are not aware of accessibility standards and the varied needs of persons with disabilities, States must provide clear guidance and support on how to address them. Financial support to improve accessibility and training to achieve compliance should be considered alongside enforcement.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the rights of persons with disabilities
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Health
- Person(s) affected
- Persons with disabilities
- Year
- 2016
Paragraph