E/C.12/1994/13
page 5
necessary, seek international cooperation and assistance. In the latter
respect, international cooperation in accordance with articles 22 and 23 of
the Covenant is likely to be a particularly important element in enabling some
developing countries to fulfil their obligations under the Covenant.
14.
In addition, it has been consistently acknowledged by the international
community that policy-making and programme implementation in this area should
be undertaken on the basis of close consultation with, and involvement of,
representative groups of the persons concerned. For this reason, the Standard
Rules recommend that everything possible be done to facilitate the
establishment of national coordinating committees, or similar bodies, to serve
as a national focal point on disability matters. In doing so, Governments
should take account of the 1990 Guidelines for the Establishment and
Development of National Coordinating Committees on Disability or Similar
Bodies. 15/
III.
THE OBLIGATION TO ELIMINATE DISCRIMINATION
ON THE GROUNDS OF DISABILITY
15.
Both de jure and de facto discrimination against persons with
disabilities have a long history and take various forms. They range from
invidious discrimination, such as the denial of educational opportunities, to
more "subtle" forms of discrimination such as segregation and isolation
achieved through the imposition of physical and social barriers. For the
purposes of the Covenant, "disability-based discrimination" may be defined as
including 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. Through neglect, ignorance, prejudice and false
assumptions, as well as through exclusion, distinction or separation, persons
with disabilities have very often been prevented from exercising their
economic, social or cultural rights on an equal basis with persons without
disabilities. The effects of disability-based discrimination have been
particularly severe in the fields of education, employment, housing,
transport, cultural life, and access to public places and services.
16.
Despite some progress in terms of legislation over the past
decade, 16/ the legal situation of persons with disabilities remains
precarious. In order to remedy past and present discrimination, and to deter
future discrimination, comprehensive anti-discrimination legislation in
relation to disability would seem to be indispensable in virtually all States
parties. Such legislation should not only provide persons with disabilities
with judicial remedies as far as possible and appropriate, but also provide
for social-policy programmes which enable persons with disabilities to live an
integrated, self-determined and independent life.
17.
Anti-discrimination measures should be based on the principle of
equal rights for persons with disabilities and the non-disabled, which, in the
words of the World Programme of Action concerning Disabled Persons, "implies
that the needs of each and every individual are of equal importance, that
these needs must be made the basis for the planning of societies, and that all