A/HRC/10/48
page 12
1. Definition of disability
35. The Convention addresses the situation of those persons who experience barriers to
participation in all areas of life, which are associated with an impairment, and who as a result
cannot enjoy their fundamental human rights. By conceiving disability as a social phenomenon,
the Convention encompasses persons with a diverse range of impairments (physical, sensory,
mental and intellectual) and considers various types of barriers (legal, physical, attitudinal, and
others) that persons with such impairments might face in the enjoyment of their human rights. At
a minimum, the Convention clarifies that persons with disability shall include “persons who have
long-term physical, mental, intellectual or sensory impairments which in interaction with various
barriers may hinder their full and effective participation in society on an equal basis with
others”.33
36. It is essential to the full and effective implementation of the Convention that definitions of
disability in national legislation reflect an understanding of disability as a social phenomenon.
This requires the repeal of medically-based definitions construed along types of impairments, or
of definitions based on the notion of daily life activities, in which the incapacity to carry out such
activities is linked to the impairment. Furthermore, national disability legislation must
unequivocally protect all persons with disabilities, including persons with mental and intellectual
disabilities.
2. Equality and non-discrimination
37. Equality and non-discrimination are the primary principles permeating the whole
Convention. References to equality and non-discrimination are multiple and can be found in
various parts of the Convention, including in the preamble,34 purpose,35 general principles36 and
general obligations37 of States. Article 5 recognizes the right of all persons to equality before and
under the law and the right to equal protection and benefit of the law without any discrimination.
Article 5, paragraph 2, establishes the obligation on States parties to prohibit all discrimination
on the basis of disability. In accordance with article 2 of the Convention, discrimination on the
basis of disability means “any distinction, exclusion or restriction on the basis of disability which
has the purpose or effect of impairing or nullifying the recognition, enjoyment or exercise, on an
equal basis with others, of all human rights and fundamental freedoms in the political, economic,
social, cultural, civil or any other field ... including denial of reasonable accommodation”.
Reasonable accommodation is defined in article 2 of the Convention with reference to
33
CRPD, art. 1.
34
CRPD, preambular paras. (a), (b), (c), (e), (f), (h), (p), (r) and (x).
35
CRPD, art. 1.
36
CRPD, art. 3.
37
CRPD, art. 4.
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