A/HRC/10/48 page 13 “necessary and appropriate modification and adjustments not imposing a disproportionate or undue burden” and is to be considered a measure promoting equality.38 The Convention also clarifies that specific measures that might be required to promote equality shall not be considered discriminatory. 38. The broad-spectrum clauses of article 5 must be read in conjunction with the specific non-discrimination and equality measures that are attached to the broad range of rights contained in the Convention, such as for example in matters of marriage, family, parenthood and relationships (art. 23), education (art. 24), health (art. 25), employment (art. 27), standard of living and social protection (art. 28) and participation in public and political life (art. 29). 39. For the effective implementation of the right to equality and non-discrimination, it is above all necessary that a general guarantee of equality and prohibition of discrimination on the basis of disability be included in legislation, which shall apply to all public and private actors operating in a given country. Such guarantee shall extend to all forms of discrimination based on disability and shall not be limited to discriminatory conduct against persons with disabilities, with the result that persons without disabilities are also entitled to protection under article 5:39 this could be the case of a parent caring for a child with a disability who is discriminated against in employment because of the status of the child. Secondly, legislation must afford a person reasonable accommodation, the obligatory nature of which must be clearly established. By way of example, the duty to reasonably accommodate consists of the duty of a public or private entity to make the modifications or changes that are required by a person with a disability in the context of education, transport, employment or access to justice, to ensure the equal access of the person to the service or to the activity. It is recommended that the duty to accommodate be expressed in an open format so not to result in exclusion from protection; and that the factors upon which to assess the reasonableness of the accommodation request be provided.40 Thirdly, equality legislation should foresee the adoption of positive measures required to promote de facto equality of persons with disabilities. Such measures might be either temporary or permanent, and shall not be considered discriminatory. 40. The Convention does not express a preference for the exact type of legislation that will give effect to the right to equality and non-discrimination on the basis of disability. States are free to choose the approach most suited to their specific legal systems and characteristics and might enact a comprehensive disability equality and non-discrimination law that also regulates 38 See for reference background conference document prepared by the Department for Economic and Social Affairs, “The concept of reasonable accommodation in selected national disability legislation” (A/AC.265/2006/CRP.1), available at: www.un.org/esa/socdev/enable/ rights/ahc7bkgrndra.htm. 39 Sometimes referred to as “discrimination by association”, as in the jurisprudence of the European Court of Justice. 40 Factors might include, for example, the size and resources of the entity involved and the cost of the required accommodation versus the expected impact.