E/C.12/1994/13
page 4
continue, there is the risk that [persons with disabilities] may
increasingly be relegated to the margins of society, dependent on ad hoc
support." 12/
As the Committee has previously observed (General Comment No. 3
(Fifth session, 1990), para. 12), the duty of States parties to protect the
vulnerable members of their societies assumes greater rather than less
importance in times of severe resource constraints.
11.
Given the increasing commitment of Governments around the world to
market-based policies, it is appropriate in that context to emphasize certain
aspects of States parties’ obligations. One is the need to ensure that not
only the public sphere, but also the private sphere, are, within appropriate
limits, subject to regulation to ensure the equitable treatment of persons
with disabilities. In a context in which arrangements for the provision of
public services are increasingly being privatized and in which the free market
is being relied on to an ever greater extent, it is essential that private
employers, private suppliers of goods and services, and other non-public
entities be subject to both non-discrimination and equality norms in relation
to persons with disabilities. In circumstances where such protection does not
extend beyond the public domain, the ability of persons with disabilities to
participate in the mainstream of community activities and to realize their
full potential as active members of society will be severely and often
arbitrarily constrained. This is not to imply that legislative measures will
always be the most effective means of seeking to eliminate discrimination
within the private sphere. Thus, for example, the Standard Rules place
particular emphasis on the need for States to "take action to raise awareness
in society about persons with disabilities, their rights, their needs, their
potential and their contribution". 13/
12.
In the absence of government intervention there will always be instances
in which the operation of the free market will produce unsatisfactory results
for persons with disabilities, either individually or as a group, and in such
circumstances it is incumbent on Governments to step in and take appropriate
measures to temper, complement, compensate for, or override the results
produced by market forces. Similarly, while it is appropriate for Governments
to rely on private, voluntary groups to assist persons with disabilities in
various ways, such arrangements can never absolve Governments from their duty
to ensure full compliance with their obligations under the Covenant. As the
World Programme of Action concerning Disabled Persons states, "the ultimate
responsibility for remedying the conditions that lead to impairment and for
dealing with the consequences of disability rests with Governments". 14/
II.
MEANS OF IMPLEMENTATION
13.
The methods to be used by States parties in seeking to implement their
obligations under the Covenant towards persons with disabilities are
essentially the same as those available in relation to other obligations (see
General Comment No. 1 (Third session, 1989)). They include the need to
ascertain, through regular monitoring, the nature and scope of the problems
existing within the State; the need to adopt appropriately tailored policies
and programmes to respond to the requirements thus identified; the need to
legislate where necessary and to eliminate any existing discriminatory
legislation; and the need to make appropriate budgetary provisions or, where