A/HRC/10/48
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organizations. National legislation shall impose the duty to provide reasonable accommodation,
clarify the elements of such conduct and the factors upon which to assess the reasonableness of
the accommodation, and unequivocally link a denial of reasonable accommodation to an act of
discrimination. It should be noted that article 27, paragraph 1 (a), prohibits discrimination on the
basis of disability on all matters concerning all forms of employment and is not limited to
prohibiting discrimination against persons with disabilities.
56. The scope of the protection granted by the Convention should be carefully mirrored in
national legislation. A general provision on the admissibility of affirmative action measures
should be included in legislation, clarifying that such measures shall not be taken as
discriminatory against other members of society. Special measures established by law might
include the determination of quotas in the recruitment of persons with disabilities. Other
measures might include the provision of financial subsidies to employers, including tax
reductions, vocational guidance and placement services.
F. Judicial measures
57. For rights to have meaning, effective remedies must be available to redress violations. This
requirement is implicit in the Convention and consistently referred to in the context of the other
major human rights treaties. Administrative remedies might in certain cases be adequate to
vindicate rights. In other cases, judicial protection of rights appears indispensable in order to
satisfy the requirement of the Convention, and should extend to economic, social and cultural
rights, besides civil and political rights.47
58. Even in States parties where the Convention is not directly applicable, ratification of or
accession to the Convention creates a strong interpretative preference in favour of the
Convention, which requires the judiciary to apply domestic law in a manner that is consistent
with it. States parties are required to promote appropriate training on the Convention for the
judiciary in accordance with article 13.
III. LEGAL MEASURES FOR NATIONAL MONITORING
59. Article 33 of the Convention on national implementation and monitoring requires States
parties to establish mechanisms for the implementation and monitoring of the Convention at
national level. The Convention on the Rights of Persons with Disabilities is the first human
rights treaty that contains detailed provisions on the establishment and functioning of national
monitoring and implementation frameworks. The incorporation of such provisions has been
celebrated as a measure to consolidate the institutional preconditions necessary to ensure the
realization of the rights of the Convention.48
47
48
CESCR, general comment No. 9, para. 10.
See G. Quinn, “Resisting the ‘temptation of elegance’: can the Convention on the Rights of
Persons with Disabilities socialise States to right behaviour?” in The UN Convention on the
Rights of Persons with Disabilities: European and Scandinavian Perspectives, O.M. Arnardóttir
and G. Quinn, eds. (Leiden, Martinus Nijhoff Publishers, forthcoming in 2009).
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