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The right to life and the right to adequate housing: the indivisibility and interdependence between these rights 2016, para. 71
- Paragraph text
- Fifty years after the separation of international human rights into the two covenants, the United Nations is well situated to retrieve a unified and inclusive understanding of human rights and to affirm that the right to life includes the right to a place to live in dignity and security, free of violence. The Human Rights Committee has the opportunity to affirm this integrated understanding of the right to life in the ongoing preparation of its general comment No. 36. The Committee on Economic, Social and Cultural Rights has the opportunity under its Optional Protocol to highlight the connection between the rights to life and adequate housing in lived experience. Other treaty monitoring bodies have the opportunity to ensure that the understanding of the rights to life and adequate housing is informed by the experiences and unique claims of people with disabilities, women, children, migrants, racial minorities and indigenous peoples, among others.
- 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
- Children
- Ethnic minorities
- Persons on the move
- Persons with disabilities
- Women
- Year
- 2016
- Date added
- Aug 19, 2019
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. 69
- Paragraph text
- In its draft general comment on article 12, the Committee on the Rights of Persons with Disabilities states that the recognition of equal legal capacity for persons with disabilities is a key principle that is inextricably linked to the enjoyment of other rights, including the freedom of association and the right to participate in political and public life (CRPD/C/11/4, paras. 44-45). Legal capacity is distinguished from mental capacity, with the former referring to the ability to hold rights and duties and the ability to exercise those rights and duties (ibid., para. 12). The paradigm shift in perceptions of the legal capacity and equality before the law for persons with disabilities, brought about by the Committee on the Rights of Persons with Disabilities, has not yet become entrenched in practice. The shift from substitute decision-making to supported decision-making has profound implications on how and with whom persons with disabilities associate.
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- Persons with disabilities
- Year
- 2014
- Date added
- Aug 19, 2019
Paragraph
Disability-inclusive policies 2016, para. 12
- Paragraph text
- The Convention on the Rights of Persons with Disabilities and the 2030 Agenda for Sustainable Development are complementary and mutually reinforcing instruments crucial to guaranteeing the full and effective participation of persons with disabilities in society. Whereas the Convention can offer normative guidance for the implementation of the 2030 Agenda, the Sustainable Development Goals can contribute to the effective realization of the human rights of persons with disabilities. In that regard, the Special Rapporteur welcomes the efforts of the United Nations and its mechanisms, including the Committee on the Rights of Persons with Disabilities, to integrate the 2030 Agenda into its work to promote the rights of persons with disabilities. In particular, the Special Rapporteur commends the initiative of the Office of the United Nations High Commissioner for Human Rights to develop guidance tools for States, national human rights institutions and civil society on how to implement and monitor the Sustainable Development Goals at the national level, in line with the Convention and the development of human rights indicators for the Convention, linked to the Goals, to measure progress in its implementation.
- 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
- Date added
- Aug 19, 2019
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. 64
- Paragraph text
- The mandate continues to receive reports of the systematic use of forced interventions worldwide. Both this mandate and United Nations treaty bodies have established that involuntary treatment and other psychiatric interventions in health-care facilities are forms of torture and ill-treatment. Forced interventions, often wrongfully justified by theories of incapacity and therapeutic necessity inconsistent with the Convention on the Rights of Persons with Disabilities, are legitimized under national laws, and may enjoy wide public support as being in the alleged "best interest" of the person concerned. Nevertheless, to the extent that they inflict severe pain and suffering, they violate the absolute prohibition of torture and cruel, inhuman and degrading treatment (A/63/175, paras. 38, 40, 41). Concern for the autonomy and dignity of persons with disabilities leads the Special Rapporteur to urge revision of domestic legislation allowing for forced interventions.
- 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
- Date added
- Aug 19, 2019
Paragraph
The right to life and the right to adequate housing: the indivisibility and interdependence between these rights 2016, para. 37
- Paragraph text
- The Committee's recognition in these cases that deportation into homelessness may constitute cruel and inhuman treatment or punishment, and that victims of homelessness in this context are entitled to a remedy, is significant. It is equally important, however, to ensure access to adjudication and remedy for those who experience the same deprivations of homelessness resulting from inaction or neglect within a State's own borders. In A.H.G and Jasin, the Committee considered the effects of widespread and systemic violations of the right to security and dignity. However, this consideration remained within the negative rights framework of prohibited "treatment" or "punishment". That framework is not conducive to hearing the substantive claim to a life of dignity, security and inclusion advanced by people with disabilities or women escaping violence, who do not see the fulfilment of their human rights merely as freedom from treatment or punishment but more fundamentally as a right to a place to live in dignity and security.
- 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
- Violence
- Person(s) affected
- Persons with disabilities
- Women
- Year
- 2016
- Date added
- Aug 19, 2019
Paragraph
The right to adequate housing of persons with disabilities 2017, para. 48
- Original document
- Paragraph text
- The Special Rapporteur also emphasizes that reasonable accommodation in housing is often linked to systemic patterns of discrimination and imbalances in power “which result in a society being designed well for some and not for others”. The Supreme Court of Canada warned that reasonable accommodation claims should not be allowed to shield systemic discrimination from scrutiny or leave in place imbalances in power that have led to the neglect of the needs or perspectives of marginalized groups in the design of policies. It is important to ask, in each individual case, not only what is required by the individual person with a disability to ensure equality, but also why the housing system created the need for individual accommodation in the first place. Requests for modifications of buildings or housing policies are usually only made because those requirements were not adequately considered when buildings or policies were designed in the first place. Persons with disabilities must be empowered to challenge housing, planning and zoning, social protection and justice systems that fail to meet their needs and thus deny them access to adequate housing.
- 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
- Date added
- Aug 19, 2019
Paragraph
Sexual and reproductive health and rights of girls and young women with disabilities 2017, para. 1
- Paragraph text
- In its resolution 35/6, the Human Rights Council requested the Special Rapporteur of the Human Rights Council on the rights of persons with disabilities to report annually to the General Assembly.
- 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
- Date added
- Aug 19, 2019
Paragraph
The right to mental health 2017, para. 33
- Paragraph text
- The Committee on the Rights of Persons with Disabilities emphasizes full respect for legal capacity, the absolute prohibition of involuntary detention based on impairment and the elimination of forced treatment (see A/HRC/34/32, paras. 22-33). That responds to the inadequacy of procedural safeguards alone, requiring sharpened attention to non-coercive alternatives and community inclusion to secure the rights of persons with disabilities. Within that evolving framework, not all human rights mechanisms have embraced the absolute ban on involuntary detention and treatment articulated by the Committee. They include the Subcommittee on the Prevention of Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (see CAT/OP/27/2), the Committee Against Torture and the Human Rights Committee. However, their interpretation of exceptions used to justify coercion is narrower, signalling ongoing discussions on the matter. Notably, in the United Nations Basic Principles and Guidelines on Remedies and Procedures on the Right of Anyone Deprived of Their Liberty to Bring Proceedings Before a Court, the Working Group on Arbitrary Detention supported the provisions of the Convention on the Rights of Persons with Disabilities with regard to safeguards on the prohibition of arbitrary detention (see A/HRC/30/37, paras. 103-107).
- 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
- Person(s) affected
- Persons with disabilities
- Year
- 2017
- Date added
- Aug 19, 2019
Paragraph
Multiple and intersecting forms of discrimination and violence against women 2011, para. 15
- Paragraph text
- In 1989, the Committee on the Elimination of Discrimination against Women explicitly linked gender-based violence and discrimination against women in its general recommendation No. 12 and called on States parties to include in their reports information on violence and on measures introduced to deal with it. Between 1989 and 1992, the Committee issued a series of general recommendations that addressed some rights violations experienced at the intersection of inter- and intra-gender sex discrimination and violence against women. In 1992 it issued general recommendation No. 19 both to define gender-based violence and to make it discrimination on the grounds of sex within the meaning of the Convention. Much of what is set forth in general recommendation No. 19 is reiterated and refined in the Declaration on the Elimination of Violence against Women. CEDAW has also addressed the impact of intersecting forms of discrimination against women and its nexus with gender-based violence. Most recently, in general recommendation No. 27, which deals with the rights of older women, it recognizes that age and sex make older women vulnerable to violence, and that age, sex and disability make older women with disabilities particularly vulnerable.
- 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
- Older persons
- Persons with disabilities
- Women
- Year
- 2011
- Date added
- Aug 19, 2019
Paragraph
The right to life and the right to adequate housing: the indivisibility and interdependence between these rights 2016, para. 32
- Paragraph text
- With the assignment of the right to life to the International Covenant on Civil and Political Rights, the Human Rights Committee was charged with interpreting its universal meaning and clarifying State obligations to respect, protect and fulfil the right to life. Recent human rights treaties include the right to life as it applies to particular groups, specifically children, migrants and persons with disabilities. No doubt the interpretation of these provisions by treaty bodies will advance the understanding of the right to life in a manner that is informed by the lived experience of these different groups. To date, however, only the Human Rights Committee has adopted a general comment on this right, and all of the substantive jurisprudence on the right to life at the international level adjudicating allegations of violations of the right to life has emerged from cases under the Optional Protocol to the International Covenant on Civil and Political Rights. In the light of this leading role, the Committee's jurisprudence requires considered attention.
- 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)
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- Children
- Persons on the move
- Persons with disabilities
- Year
- 2016
- Date added
- Aug 19, 2019
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. 33
- Paragraph text
- There may be legitimate and non-criminal reasons for wearing a mask or face covering during a demonstration, including fear of retribution. For example, in Egypt, article 6 of the 2013 law on protests and demonstrations prohibits the wearing of a mask to hide the face during any assembly. That provision contains no exceptions and could be used to discriminate against women who wear the niqab, effectively preventing them from participating in public meetings or protests. Such laws may also be used against individuals with medical disabilities who wear face masks for medical purposes. Certain peaceful protest movements in the Arab world, Western Europe, North America and elsewhere have adopted the use of the Guy Fawkes mask as an emblem. The mask is particularly popular among youth and student protest movements. The donning of this mask can be as much a political statement - a way of identifying with one's fellow demonstrators and a worldwide movement - as it is an attempt to conceal identity.
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- Persons with disabilities
- Women
- Youth
- Year
- 2014
- Date added
- Aug 19, 2019
Paragraph
The right of persons with disabilities to participate in decision-making 2016, para. 94
- Paragraph text
- The requirement to involve persons with disabilities and their representative organizations extends to international decision-making processes. Such participation can ensure that the need and demands of persons with disabilities are adequately mainstreamed and integrated into the work of the United Nations system, including all its programmes, funds, specialized agencies and other bodies. The United Nations system should guarantee the participation of persons with disabilities through their representative organizations by proactively seeking their inputs in all international decision-making processes, including processes within the United Nations itself, such as the development and monitoring of system-wide action plans, strategic planning and management. For that purpose, the United Nations system should ensure the direct participation of persons with disabilities in international summits, high-level meetings, permanent forums and conferences of persons with disabilities. The participation of persons with disabilities and their representative organizations in all aspects of the implementation and monitoring process of the 2030 Agenda for Sustainable Development is imperative.
- 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
- Date added
- Aug 19, 2019
Paragraph
Disability-inclusive policies 2016, para. 22
- Paragraph text
- States have an obligation under international human rights law to ensure that their legal and policy frameworks do not discriminate on the basis of disability and therefore must guarantee that all persons with disabilities can access and benefit from them on an equal basis with others. The Convention on the Rights of Persons with Disabilities addresses non-discrimination as a cross-cutting issue. Article 2 of the Convention defines discrimination on the basis of disability very broadly to cover all forms of disability-based discrimination, including direct and indirect discrimination, discrimination by association and the denial of reasonable accommodation. Article 3 includes non-discrimination and equality of opportunity as general principles of the Convention. Article 4 (1) (b) and (c) requires States to repeal any legislation, regulations, customs and practices that constitute discrimination against persons with disabilities, including discrimination by private actors. Article 5 calls on States to adopt robust anti-discrimination legal frameworks prohibiting all forms of discrimination on the basis of disability and guaranteeing to all persons with disabilities equal and effective legal protection against discrimination on all grounds.
- 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
- Date added
- Aug 19, 2019
Paragraph
Mandate, working methods, work plan for the mandate 2015, para. 23a
- 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:] Supporting law reform processes. Most legal systems in the world still contain provisions that discriminate against persons with disabilities and violate their human rights, from the denial of legal capacity or the right to vote to education laws that exclude children with disabilities from the general education system. Although efforts have been made to harmonize national legislation with the Convention on the Rights of Persons with Disabilities, much remains to be done. The Special Rapporteur aims to contribute to these processes by providing technical advice and exchanging good practices with a view to supporting and promoting legal reform that is inclusive of the rights of persons with disabilities, and by promoting the effective involvement of and consultation with persons with disabilities and their representative organizations in legislative reform.
- Body
- Special Rapporteur on the rights of persons with disabilities
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- Children
- Persons with disabilities
- Year
- 2015
- Date added
- Aug 19, 2019
Paragraph
Mandate, working methods, work plan for the mandate 2015, para. 14
- Paragraph text
- The Special Rapporteur commends the establishment of the mandate and the many opportunities for change that it brings. As a new mandate within the Human Rights Council and a particularly broad one, it embraces the many ongoing processes at the national, regional and international levels relating to the advancement of the rights of persons with disabilities, and covers fields of work in which a stronger and systematic disability perspective is needed. The Special Rapporteur also foresees a considerable workload that may bring about challenges in the implementation phase. The magnitude of the efforts that are needed to engage fruitfully in each of the processes and activities presents particular challenges in terms of human and financial capacity. While careful prioritization will be a key factor in identifying the areas where the Special Rapporteur can contribute with a clear added value, the mandate holder is hopeful that, in a spirit of collaboration and in order to secure the effective implementation of her mandate, she would benefit from the support of States, partners and other stakeholders, which would thus reaffirm their commitment to the promotion of the rights of persons with disabilities.
- 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
- Date added
- Aug 19, 2019
Paragraph
Mandate, working methods, work plan for the mandate 2015, para. 8
- Paragraph text
- By 2001 it had become evident that, despite the various efforts made by the United Nations system to advance the situation of persons with disabilities, they were not sufficient to ensure the equal and effective enjoyment of human rights by persons with disabilities. Following a recommendation made by States at the World Conference against Racism, Racial Discrimination, Xenophobia and Related Intolerance, held in Durban, South Africa, from 31 August to 8 September 2001, the General Assembly established in its resolution 56/168 an ad hoc committee to consider proposals for a thematic convention on the promotion of the rights of persons with disabilities. The Convention on the Rights of Persons with Disabilities was negotiated in a relatively short period of time, between 2002 and 2006. The negotiations were characterized by the active participation of persons with disabilities and their representative organizations, bringing to the drafting process a remarkable and previously unprecedented level of ownership by rights-holders and their support networks. The Convention and the Optional Protocol thereto were adopted by the General Assembly by its resolution 61/106, and came into force on 3 May 2008.
- 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
- Date added
- Aug 19, 2019
Paragraph
The right of persons with disabilities to social protection 2015, para. 11
- Paragraph text
- As a foundation for any national social protection system, these floors must ensure, at a minimum, access to essential health care (including maternity care) and to a basic level of income security for (a) children - including access to food, education, care and other necessary goods and services; (b) persons of active age who are unable to earn sufficient income, including persons with disabilities; and (c) older persons. The ILO recommendation concerning national floors of social protection, 2012 (No. 202) identifies as priority areas of attention the prevention and alleviation of poverty, vulnerability and social exclusion, and sets forth guidelines for implementing and monitoring national strategies that are participatory, country-led, sustainable and regularly reviewed. It also provides guidance to States on progressively providing higher levels of protection to as many people as possible and as soon as possible, reflecting States' economic and fiscal capacities. The recommendation also recognizes the principles of non-discrimination, gender equality and responsiveness to specific needs, and emphasizes that any initiative should support people with special needs and other potentially disadvantaged groups.
- Body
- Special Rapporteur on the rights of persons with disabilities
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Health
- Poverty
- Person(s) affected
- Children
- Older persons
- Persons with disabilities
- Year
- 2015
- Date added
- Aug 19, 2019
Paragraph
Development cooperation and the human rights to water and sanitation 2017, para. 89c
- Paragraph text
- [Relating to funders’ policy, the Special Rapporteur recommends:] That the human rights to water and sanitation be emphasized in funders’ policy on specific groups, such as women, persons with disabilities and indigenous peoples, complementing overarching development cooperation policies;
- Body
- Special Rapporteur on the human rights to safe drinking water and sanitation
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Water & Sanitation
- Person(s) affected
- Ethnic minorities
- Persons with disabilities
- Women
- Year
- 2017
- Date added
- Aug 19, 2019
Paragraph
The right to adequate housing of persons with disabilities 2017, para. 82c
- Original document
- Paragraph text
- [In that regard, the Special Rapporteur offers the following recommendations:] Civil society and organizations of persons with disabilities should take forward or support legal challenges to structural violations of the right to housing of persons with disabilities and seek systemic remedies.
- 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
- Date added
- Aug 19, 2019
Paragraph
The right to adequate housing of persons with disabilities 2017, para. 82b (ii)
- Original document
- Paragraph text
- [In that regard, the Special Rapporteur offers the following recommendations:] [Courts, tribunals and national human rights institutions should:] Ensure access to justice and effective accountability for all aspects of State obligations with respect to the right to housing of persons with disabilities, including budgetary allocations and the effectiveness of strategies and programmes;
- 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
- Date added
- Aug 19, 2019
Paragraph
The right to adequate housing of persons with disabilities 2017, para. 82a (xii)
- Original document
- Paragraph text
- [In that regard, the Special Rapporteur offers the following recommendations:] [In consultation with persons with disabilities and their organizations, States should:] Establish an independent budgetary review mechanism to ensure that budget allocations for housing and related forms of support are consistent with the “maximum of available resources” standard;
- 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
- Date added
- Aug 19, 2019
Paragraph
The right to adequate housing of persons with disabilities 2017, para. 78
- Original document
- Paragraph text
- A number of countries identified their national human rights institutions as having the jurisdiction to oversee the implementation of the right to housing for persons with disabilities, including Finland, Namibia and the Republic of Korea.
- 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
- Date added
- Aug 19, 2019
Paragraph
The right to adequate housing of persons with disabilities 2017, para. 72
- Original document
- Paragraph text
- Under the National Disability Council Act of 2004 of Namibia, a council is established to monitor the implementation of a national policy on disability, including ensuring adequate allowances and pensions for persons with disabilities and developing and providing accessible housing through public schemes.
- 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
- Date added
- Aug 19, 2019
Paragraph
The right to adequate housing of persons with disabilities 2017, para. 46
- Original document
- Paragraph text
- The standard of reasonableness to assess States’ compliance with the obligation to take measures to realize the right to adequate housing for persons with disabilities runs parallel to the similar standard of reasonableness that is applied in the context of the accommodation of the individual needs of persons with disabilities. The former relies on a standard of maximum of available resources to assess programmatic measures to address the systemic needs of persons with disabilities, while the latter relies on a standard of undue or disproportionate burden in relation to the specific measures required in individual cases. In many cases, however, there is no clear divide between individual needs and needs shared with others in the positive measures taken by Governments to ensure access to accessible housing. As Janet E. Lord and Rebecca Brown note, “the obligation to reasonably accommodate the unique needs of persons with disabilities merges with the obligation under the [International Covenant on Economic, Social and Cultural Rights] and under the economic, social and cultural rights provisions in the [Convention on the Rights of Persons with Disabilities], to apply the maximum of available resources to realizing the substantive rights in question”.
- 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
- Date added
- Aug 19, 2019
Paragraph
The right to adequate housing of persons with disabilities 2017, para. 45e
- Original document
- Paragraph text
- [The Committee on Economic, Social and Cultural Rights has identified some indicators of whether a State has satisfied a standard of reasonableness, including:] Whether policies have prioritized grave situations or situations of risk;
- 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
- Date added
- Aug 19, 2019
Paragraph
The right to adequate housing of persons with disabilities 2017, para. 3
- Paragraph text
- At the same time, the right to adequate housing must incorporate the transformative understanding of the human rights of persons with disabilities that is encapsulated in the Convention on the Rights of Persons with Disabilities. The “disability human rights paradigm” represents a “dramatic change in rights discourse”. It gives new meaning to the concepts of the interdependence and the indivisibility of rights, in particular in relation to the right to live in dignity in a home within a community. It rejects charitable and medical approaches to disability, recognizing that discrimination, inequality and disadvantage are socially constructed responses to diversity and difference. It offers a human rights-based alternative, placing persons with disabilities at the centre of their own lives, as subjects of rights. It recognizes that discrimination often takes the form of programmes and policies designed to meet the needs of dominant groups while ignoring the needs of persons with disabilities. It affirms that dignity, autonomy, independence and participation rely on not only freedom from institutionalization and State control but also positive measures by Governments to support the right to live in the community as one chooses.
- 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
- Date added
- Aug 19, 2019
Paragraph
The right to adequate housing of persons with disabilities 2017, para. 2
- Paragraph text
- In the Special Rapporteur’s view, the right to adequate housing of persons with disabilities must be understood as a dialogue between the jurisprudence and commentary that has evolved over many years and is guaranteed under the International Covenant on Economic, Social and Cultural Rights and the framework for the human rights of persons with disabilities set forth in the Convention on the Rights of Persons with Disabilities. The right to housing enshrined in article 11 of the International Covenant has been understood to encompass much more than physical shelter. It is recognized as the right to live in security, peace and dignity. It is fundamentally connected to the rights to life and to non-discrimination and the freedom to choose where to live, as well as to the rights to freedom of expression and association and to participate in public decision-making. It includes security of tenure, the availability of services, materials, facilities and infrastructure, affordability, habitability, accessibility, appropriate location and cultural adequacy. Those central components of the right to housing have special meaning for persons with disabilities and give rise to particular obligations of States and other actors.
- 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
- Date added
- Aug 19, 2019
Paragraph
Sexual and reproductive health and rights of girls and young women with disabilities 2017, para. 63
- Paragraph text
- The Special Rapporteur recommends that the United Nations, including all its programmes, funds and specialized agencies, adequately consider the sexual and reproductive health and rights of girls and young women with disabilities in all its work, including when assisting States in the implementation of mainstream policies and programmes.
- Body
- Special Rapporteur on the rights of persons with disabilities
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Health
- Person(s) affected
- Girls
- Persons with disabilities
- Women
- Youth
- Year
- 2017
- Date added
- Aug 19, 2019
Paragraph
Sexual and reproductive health and rights of girls and young women with disabilities 2017, para. 30
- Paragraph text
- While United Nations human rights instruments, mechanisms and agencies have recognized that the forced sterilization of persons with disabilities constitutes discrimination, a form of violence, torture and other cruel, inhuman or degrading treatment, the practice is still legal and applied in many countries. Across the globe, many legal systems allow judges, health-care professionals, family members and guardians to consent to sterilization procedures on behalf of persons with disabilities as being in their “best interest”, particularly for girls with disabilities who are under the legal authority of their parents. The practices are often conducted on a purported precautionary basis because of the vulnerability of girls and young women with disabilities to sexual abuse, and under the fallacy that sterilization would enable girls and young women with disabilities who are “deemed unfit for parenthood” to improve their quality of life without the “burden” of a pregnancy. However, sterilization neither protects them against sexual violence or abuse nor removes the State’s obligation to protect them from such abuse. Forced sterilization is an unacceptable practice with lifelong consequences on the physical and mental integrity of girls and young women with disabilities that must be immediately eradicated and criminalized.
- Body
- Special Rapporteur on the rights of persons with disabilities
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Harmful Practices
- Health
- Violence
- Person(s) affected
- Girls
- Persons with disabilities
- Year
- 2017
- Date added
- Aug 19, 2019
Paragraph
The right to mental health 2017, para. 3
- Paragraph text
- The present report is the result of extensive consultations among a wide range of stakeholders, including representatives of the disability community, users and former users of mental health services, civil society representatives, mental health practitioners, including representatives of the psychiatric community and the World Health Organization (WHO), academic experts, members of United Nations human rights mechanisms and representatives of Member States.
- 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
- Date added
- Aug 19, 2019
Paragraph