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Observation générale no 8 (2022) sur le droit des personnes handicapées au travail et à l’emploi
- Organe
- Comité des droits des personnes handicapées
- Status juridique
- Droit souple non-négocié
- Type de document
- Observation générale / recommendation
- Année
- 2022
- Code du document
- CRPD/C/GC/8
Document
Observation générale no 6 (2018) sur l’égalité et la non- discrimination
- Organe
- Comité des droits des personnes handicapées
- Status juridique
- Droit souple non-négocié
- Type de document
- Observation générale / recommendation
- Année
- 2018
- Code du document
- CRPD/C/GC/6
Document
Observation générale no 7 (2018) sur la participation des personnes handicapées, y compris des enfants handicapés, par l’intermédiaire des organisations qui les représentent, à la mise en œuvre de la Convention et au suivi de son application
- Organe
- Comité des droits des personnes handicapées
- Status juridique
- Droit souple non-négocié
- Type de document
- Observation générale / recommendation
- Année
- 2018
- Code du document
- CRPD/C/GC/7
Document
Observation générale no 5 (2017) sur l’autonomie de vie et l’inclusion dans la société
- Organe
- Comité des droits des personnes handicapées
- Status juridique
- Droit souple non-négocié
- Type de document
- Observation générale / recommendation
- Année
- 2017
- Code du document
- CRPD/C/GC/5
Document
The right to inclusive education
- Organe
- Comité des droits des personnes handicapées
- Status juridique
- Droit souple non-négocié
- Type de document
- Observation générale / recommendation
- Année
- 2016
- Code du document
- CRPD/C/GC/4
Document
Women and girls with disabilities
- Organe
- Comité des droits des personnes handicapées
- Status juridique
- Droit souple non-négocié
- Type de document
- Observation générale / recommendation
- Année
- 2016
- Code du document
- CRPD/C/GC/3
Document
Equal recognition before the law
- Organe
- Comité des droits des personnes handicapées
- Status juridique
- Droit souple non-négocié
- Type de document
- Observation générale / recommendation
- Année
- 2014
- Code du document
- CRPD/C/GC/1
Document
Accessibility
- Organe
- Comité des droits des personnes handicapées
- Status juridique
- Droit souple non-négocié
- Type de document
- Observation générale / recommendation
- Année
- 2014
- Code du document
- CRPD/C/GC/2
Document
The right to inclusive education 2016, para. 7
- Paragraph text
- Consistent with Article 4, paragraph 3, States parties must consult with and actively involve persons with disabilities, including children with disabilities, through their representative organisations (OPDs), in all aspects of planning, implementation, monitoring and evaluation of inclusive education policies. Persons with disabilities and, when appropriate, their families, must be recognised as partners and not merely recipients of education.
- Organe
- Committee on the Rights of Persons with Disabilities
- Type de document
- General Comment / Recommendation
- Thèmes
- Education
- Equality & Inclusion
- Personnes concernées
- Children
- Families
- Persons with disabilities
- Année
- 2016
- Année
- L'article n'a pas cette propriété
Paragraphe
The right to inclusive education 2016, para. 19
- Paragraph text
- Paragraph 2 (b) requires that persons with disabilities can access inclusive, quality and free primary and secondary education and ensure a smooth transition between the two on an equal basis with others in the communities where they live. The Committee draws on the interpretation by the Committee on Economic, Social and Cultural Rights (CESCR) that to fulfil this obligation, the education system must comprise the four following interrelated features.
- Organe
- Committee on the Rights of Persons with Disabilities
- Type de document
- General Comment / Recommendation
- Thèmes
- Education
- Equality & Inclusion
- Personnes concernées
- Persons with disabilities
- Année
- 2016
- Année
- L'article n'a pas cette propriété
Paragraphe
The right to inclusive education 2016, para. 61a
- Paragraph text
- [A comprehensive and co-ordinated legislative and policy framework for inclusive education must be introduced, together with a clear and adequate time frame for implementation and sanctions for violations. It must address issues of flexibility, diversity and equality in all educational institutions for all learners, and identify responsibilities at all levels of government. Key elements will include:] Compliance with international human rights standards.
- Organe
- Committee on the Rights of Persons with Disabilities
- Type de document
- General Comment / Recommendation
- Thèmes
- Education
- Equality & Inclusion
- Governance & Rule of Law
- Personnes concernées
- All
- Année
- 2016
- Année
- L'article n'a pas cette propriété
Paragraphe
The right to inclusive education 2016, para. 8
- Paragraph text
- According to article 24, paragraph 1, States parties must ensure the realization of the right of persons with disabilities to education through an inclusive education system at all levels, including pre-schools, primary, secondary and tertiary education, vocational training and lifelong learning, extracurricular and social activities, and for all students, including persons with disabilities, without discrimination and on equal terms with others.
- Organe
- Committee on the Rights of Persons with Disabilities
- Type de document
- General Comment / Recommendation
- Thèmes
- Education
- Equality & Inclusion
- Personnes concernées
- Persons with disabilities
- Année
- 2016
- Année
- L'article n'a pas cette propriété
Paragraphe
Women and girls with disabilities 2016, para. 29
- Paragraph text
- Women with disabilities are at heightened risk of violence, exploitation and abuse compared to the broader population of women. Violence may be interpersonal, institutional and/or structural in nature. Institutional and/or structural violence is any form of structural inequality or institutional discrimination that maintains a woman in a subordinate position, whether physical or ideological, with regard to other people within her family , household or community.
- Organe
- Committee on the Rights of Persons with Disabilities
- Type de document
- General Comment / Recommendation
- Thèmes
- Equality & Inclusion
- Gender
- Governance & Rule of Law
- Violence
- Personnes concernées
- Girls
- Persons with disabilities
- Women
- Année
- 2016
- Année
- L'article n'a pas cette propriété
Paragraphe
Women and girls with disabilities 2016, para. 12
- Paragraph text
- Article 6 is a cross-cutting article related to all articles of the Convention to remind States parties to include the rights of women and girls with disabilities in all actions aimed at implementing the Convention. In particular, positive action measures need to be taken in order to ensure that women with disabilities are protected against multiple discrimination and can enjoy human rights and fundamental freedoms on an equal basis with others.
- Organe
- Committee on the Rights of Persons with Disabilities
- Type de document
- General Comment / Recommendation
- Thèmes
- Equality & Inclusion
- Governance & Rule of Law
- Personnes concernées
- Girls
- Persons with disabilities
- Women
- Année
- 2016
- Année
- L'article n'a pas cette propriété
Paragraphe
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.
- Organe
- Committee on the Rights of Persons with Disabilities
- Type de document
- General Comment / Recommendation
- Thèmes
- Equality & Inclusion
- Personnes concernées
- Persons with disabilities
- Année
- 2014
- Année
- L'article n'a pas cette propriété
Paragraphe
Accessibility 2014, para. 25
- Paragraph text
- Accessibility is related to groups, whereas reasonable accommodation is related to individuals. This means that the duty to provide accessibility is an ex ante duty. States parties therefore have the duty to provide accessibility before receiving an individual request to enter or use a place or service. States parties need to set accessibility standards, which must be adopted in consultation with organizations of persons with disabilities, and they need to be specified for service-providers, builders and other relevant stakeholders. Accessibility standards must be broad and standardized. In the case of individuals who have rare impairments that were not taken into account when the accessibility standards were developed or who do not use the modes, methods or means offered to achieve accessibility (not reading Braille, for example), even the application of accessibility standards may not be sufficient to ensure them access. In such cases, reasonable accommodation may apply. In accordance with the Convention, States parties are not allowed to use austerity measures as an excuse to avoid ensuring gradual accessibility for persons with disabilities. The obligation to implement accessibility is unconditional, i.e. the entity obliged to provide accessibility may not excuse the omission to do so by referring to the burden of providing access for persons with disabilities. The duty of reasonable accommodation, contrarily, exists only if implementation constitutes no undue burden on the entity.
- Organe
- Committee on the Rights of Persons with Disabilities
- Type de document
- General Comment / Recommendation
- Thèmes
- Equality & Inclusion
- Personnes concernées
- Persons with disabilities
- Année
- 2014
- Année
- L'article n'a pas cette propriété
Paragraphe
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;
- Organe
- Committee on the Rights of Persons with Disabilities
- Type de document
- General Comment / Recommendation
- Thèmes
- Equality & Inclusion
- Governance & Rule of Law
- Social & Cultural Rights
- Personnes concernées
- Persons with disabilities
- Année
- 2014
- Année
- L'article n'a pas cette propriété
Paragraphe
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.
- Organe
- Committee on the Rights of Persons with Disabilities
- Type de document
- General Comment / Recommendation
- Thèmes
- Civil & Political Rights
- Equality & Inclusion
- Governance & Rule of Law
- Personnes concernées
- Persons with disabilities
- Année
- 2014
- Année
- L'article n'a pas cette propriété
Paragraphe
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.
- Organe
- Committee on the Rights of Persons with Disabilities
- Type de document
- General Comment / Recommendation
- Thèmes
- Education
- Equality & Inclusion
- Personnes concernées
- Persons with disabilities
- Année
- 2016
- Année
- L'article n'a pas cette propriété
Paragraphe
The right to inclusive education 2016, para. 12e
- Paragraph text
- [The core features of inclusive education are:] Respect for and value of diversity: All members of the learning community are welcomed equally, with respect for diversity according to, inter alia, disability, race, colour, sex, language, linguistic culture, religion, political or other opinion, national, ethnic, indigenous or social origin, property, birth, age or other status. All students must feel valued, respected, included and listened to. Effective measures to prevent abuse and bullying are in place. Inclusion takes an individual approach to students.
- Organe
- Committee on the Rights of Persons with Disabilities
- Type de document
- General Comment / Recommendation
- Thèmes
- Education
- Equality & Inclusion
- Personnes concernées
- Ethnic minorities
- Année
- 2016
- Année
- L'article n'a pas cette propriété
Paragraphe
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;
- Organe
- Committee on the Rights of Persons with Disabilities
- Type de document
- General Comment / Recommendation
- Thèmes
- Equality & Inclusion
- Governance & Rule of Law
- Social & Cultural Rights
- Violence
- Personnes concernées
- Persons with disabilities
- Année
- 2014
- Année
- L'article n'a pas cette propriété
Paragraphe
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.
- Organe
- Committee on the Rights of Persons with Disabilities
- Type de document
- General Comment / Recommendation
- Thèmes
- Equality & Inclusion
- Governance & Rule of Law
- Personnes concernées
- Persons with disabilities
- Année
- 2014
- Année
- L'article n'a pas cette propriété
Paragraphe
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;
- Organe
- Committee on the Rights of Persons with Disabilities
- Type de document
- General Comment / Recommendation
- Thèmes
- Equality & Inclusion
- Governance & Rule of Law
- Personnes concernées
- Persons with disabilities
- Année
- 2014
- Année
- L'article n'a pas cette propriété
Paragraphe
The right to inclusive education 2016, para. 34d
- Paragraph text
- Learners with communication impairments must be provided with the opportunity to express themselves and learn using alternative or augmentative communication. This may include but is not limited to provision of sign language, low or high tech communication aids such as tablets with speech output, voice output communication aids (VOCAS) or communication books. States parties should invest in developing expertise, technology and services in order to promote access to appropriate technology and alternative communication systems to facilitate learning.
- Organe
- Committee on the Rights of Persons with Disabilities
- Type de document
- General Comment / Recommendation
- Thèmes
- Education
- Equality & Inclusion
- Année
- 2016
- Année
- L'article n'a pas cette propriété
Paragraphe
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).
- Organe
- Committee on the Rights of Persons with Disabilities
- Type de document
- General Comment / Recommendation
- Thèmes
- Education
- Equality & Inclusion
- Personnes concernées
- Persons with disabilities
- Année
- 2016
- Année
- L'article n'a pas cette propriété
Paragraphe
The right to inclusive education 2016, para. 41
- Paragraph text
- With regard to international cooperation, and in line with SDG 4 and the Education 2030 Framework for Action, all bilateral and multilateral cooperation must advance inclusive and equitable quality education and promote lifelong learning opportunities for all, including support for capacity building, exchange and information sharing and best practices, research, technical and economic assistance, and facilitating access to accessible and assistive technologies. All data and spending of international assistance on education should be disaggregated by impairment. Consideration of an international coordination mechanism on inclusive education to operationalize SDG 4 and to build evidence, contribute to a better policy dialogue and monitor progress.
- Organe
- Committee on the Rights of Persons with Disabilities
- Type de document
- General Comment / Recommendation
- Thèmes
- Education
- Equality & Inclusion
- Personnes concernées
- All
- Année
- 2016
- Année
- L'article n'a pas cette propriété
Paragraphe
The right to inclusive education 2016, para. 51
- Paragraph text
- For inclusive education to be realised effectively, persons with disabilities must be guaranteed personal mobility on an independent basis (article 20). Where transportation is not readily available, and where no personal assistants are available to support access to educational institutions, persons with disabilities, particularly blind and visually impaired persons, must be given adequate training in mobility skills to promote greater independence. States parties should also provide persons with disabilities with the opportunity to acquire mobility aids and appliances at affordable cost.
- Organe
- Committee on the Rights of Persons with Disabilities
- Type de document
- General Comment / Recommendation
- Thèmes
- Education
- Equality & Inclusion
- Personnes concernées
- Persons with disabilities
- Année
- 2016
- Année
- L'article n'a pas cette propriété
Paragraphe
The right to inclusive education 2016, para. 13
- Paragraph text
- Consistent with the UNESCO Convention against Discrimination in Education, paragraph 1 affirms that the right to education must be assured without discrimination and on the basis of equality of opportunity. States parties must prohibit all discrimination on the basis of disability and guarantee to all persons with disabilities equal and effective protection against discrimination on all grounds. Persons with disabilities can experience intersectional discrimination based on disability, gender, religion, legal status, ethnic origin, age, sexual orientation or language. Additionally, parents, siblings, and other relatives can also experience discrimination on grounds of disability by association. The measures needed to address all forms of discrimination include identifying and removing legal, physical, communication and language, social, financial and attitudinal barriers within the educational institutions and the community. The right to non-discrimination includes the right not to be segregated and to be provided with reasonable accommodation and must be understood in the context of the duty to provide accessible learning environments and reasonable accommodation.
- Organe
- Committee on the Rights of Persons with Disabilities
- Type de document
- General Comment / Recommendation
- Thèmes
- Education
- Equality & Inclusion
- Personnes concernées
- Families
- Persons with disabilities
- Année
- 2016
- Année
- L'article n'a pas cette propriété
Paragraphe
The right to inclusive education 2016, para. 21
- Paragraph text
- Accessibility - consistent with article 9 of the Convention, and with the Committee's General Comment No. 2, educational institutions and programmes must be accessible to everyone, without discrimination. The entire education system must be accessible, including buildings, information and communication, comprising ambient or frequency modulation assistive systems, curriculum, education materials, teaching methods, assessment and language and support services. The environment of students with disabilities must be designed to foster inclusion and guarantee their equality throughout their education, for example, school transport, which should be inclusive, accessible and safe; water and sanitation facilities, including hygiene and toilet facilities; school cafeterias; and recreational spaces. States parties must commit to the prompt introduction of Universal Design. States parties should prohibit and sanction the building of any future education infrastructures that are inaccessible, together with establishing an efficient monitoring mechanism and time frame for all existing education environments to be rendered accessible. States parties must also commit to the provision of reasonable accommodation in educational environments when so required. The Universal Design approach does not exclude the provision of assistive devices, applications, and software to those learners with disabilities who may require them. Accessibility is a dynamic concept and its application requires periodic regulatory and technical adjustments. States parties must ensure that the rapid development of innovations and new technologies designed to enhance learning are accessible to all students, including those with disabilities.
- Organe
- Committee on the Rights of Persons with Disabilities
- Type de document
- General Comment / Recommendation
- Thèmes
- Education
- Equality & Inclusion
- Personnes concernées
- Persons with disabilities
- Année
- 2016
- Année
- L'article n'a pas cette propriété
Paragraphe
The right to inclusive education 2016, para. 34b
- Paragraph text
- Deaf and hard of hearing students must be provided with the opportunity to learn sign language, and measures taken to recognise and promote the linguistic identity of the deaf community. The Committee draws the attention of States parties to UNESCO's Convention against Discrimination in Education which establishes the right of children to be taught in their own language, and reminds States parties that Article 30(4) requires that persons with disabilities are entitled, on an equal basis with others, to recognition of and support for their specific cultural and linguistic identity, including sign language and deaf culture. In addition, hard-of-hearing students must also have access to quality speech therapy services, induction loop technology and captioning.
- Organe
- Committee on the Rights of Persons with Disabilities
- Type de document
- General Comment / Recommendation
- Thèmes
- Education
- Equality & Inclusion
- Personnes concernées
- Children
- Persons with disabilities
- Année
- 2016
- Année
- L'article n'a pas cette propriété
Paragraphe