CRPD/C/GC/7
the last few decades, thanks to the emergence of movements of persons with disabilities
demanding recognition of their human rights and their role in determining those rights. The
motto “nothing about us without us” resonates with the philosophy and history of the
disability rights movement, which relies on the principle of meaningful participation.
5.
Persons with disabilities still face significant attitudinal, physical, legal, economic,
social and communication barriers to participate in public life. Before the entry into force of
the Convention, the views of persons with disabilities were dismissed in favour of those of
third-party representatives, such as organizations “for” persons with disabilities.
6.
The participatory processes and the involvement of persons with disabilities,
through their representative organizations, in the negotiation and drafting of the Convention
proved to be an excellent example of the principle of full and effective participation,
individual autonomy and the freedom to make one’s own decisions. As a result,
international human rights law now recognizes unequivocally persons with disabilities as
“subjects” of all human rights and fundamental freedoms.4
7.
Based on its jurisprudence, the Committee aims to clarify States parties’ obligations
under articles 4 (3) and 33 (3) and their implementation in this general comment. The
Committee notes the progress made by States parties to implement the provisions under
articles 4 (3) and 33 (3) over the past decade, such as granting financial or other assistance
to organizations of persons with disabilities, including persons with disabilities in
independent monitoring frameworks established pursuant to article 33 (2) of the
Convention, and in monitoring processes. Moreover, some States parties have consulted
with organizations of persons with disabilities in the preparation of their initial and periodic
reports to the Committee in accordance with articles 4 (3) and 35 (4).
8.
The Committee, however, continues to observe an important gap between the goals
and the spirit of articles 4 (3) and 33 (3) and the degree to which they have been
implemented. This is due, among other things, to the absence of meaningful consultation
with and involvement of persons with disabilities, through their representative
organizations, in the development and implementation of policies and programmes.
9.
States parties should acknowledge the positive impact on decision-making processes
and the necessity of involving and ensuring the participation of persons with disabilities,
through their representative organizations, in such processes, notably because of their lived
experiences and knowledge of the rights to be implemented. States parties should also
consider the general principles of the Convention in all measures taken for its
implementation and monitoring, and in advancing the 2030 Agenda for Sustainable
Development and its goals.
II. Normative content of articles 4 (3) and 33 (3)
Definition of “representative organizations”
A.
10.
The involvement and participation of persons with disabilities through
“representative organizations”, or organizations of persons with disabilities, is inherent in
both articles 4 (3) and 33 (3). For proper implementation, it is important for States parties
and the relevant stakeholders to define the scope of organizations of persons with
disabilities and recognize the different types that often exist.
11.
The Committee considers that organizations of persons with disabilities should be
rooted, committed to and fully respect the principles and rights recognized in the
Convention. They can only be those that are led, directed and governed by persons with
disabilities. A clear majority of their membership should be recruited among persons with
disabilities themselves.5 Organizations of women with disabilities, children with disabilities
and persons living with HIV/AIDS are organizations of persons with disabilities under the
4
5
2
Ibid., paras. 16–17.
CRPD/C/11/2, annex II, para. 3.