A/HRC/31/30 not be confused with social protection schemes, as they have different bases and purposes. If reparations apply, they should be considered independently and in addition to social protection schemes. 13. Article 32 (1)(a) states that international cooperation, which might be an important source of resources in emergency situations, 22 should be inclusive of and accessible to persons with disabilities and be, in all cases, respectful of the standards set out in the Convention. Among other Convention-based obligations, the implementation of article 32 (1)(a) requires humanitarian actors, when using international cooperation funds, to comply with accessibility, provide reasonable accommodation and ensure the participation of persons with disabilities in decision-making, in order to prevent, for example, persons with disabilities who face inaccessibility from returning to conflict areas owing to a lack of effective options. 14. The Convention on the Rights of Persons with Disabilities applies throughout the continuum of humanitarian emergencies, whether in situations of conflict, foreign occupation or natural disaster. Exceptionally, article 4 of the International Covenant on Civil and Political Rights allows a State to derogate temporarily from a part of its obligations under the Covenant during a legally declared state of emergency. 23 This is possible only in specifically designated circumstances, and under strict substantive and procedural requirements, always in compliance with the State’s obligations under international humanitarian and human rights law, without discrimination and only “to the extent strictly required by the exigencies of the situation” Importantly, it also establishes that, for certain rights, there can be no derogation in any circumstance (see para. 12 above) with regard to equal recognition before the law. 15. The Convention applies to all persons with disabilities, regardless of their legal status or nationality. This approach is consistent with the recommendation of the Maastricht Principles on Extraterritorial Obligations of States in the Area of Economic, Social and Cultural Rights, which clarify the human rights obligations of States beyond their own borders, especially their obligation to avoid causing harm and to protect human rights extraterritorially (principles I(4) and II(8) and (13)). Several treaty bodies have endorsed the extraterritorial application of human rights treaties. The Committee on the Elimination of Discrimination against Women, in its general recommendation No. 30, stated that States parties are at all times responsible for all their actions affecting the human rights of persons who are in territories under their effective control. 24 The Human Rights Committee and the Committee on the Elimination of Racial Discrimination have also endorsed this criterion in their concluding observations.25 Lastly, the International Court of Justice has supported the applicability of human rights instruments outside the national territory.26 16. The Committee on the Rights of the Child, in its general comment No. 9, stated that States parties must ensure access to adequate health and social services, including psychosocial recovery and social reintegration, to children with disabilities affected by an armed conflict.27 It has also recommended that, in a post-conflict context, resources for education be increased to build and reconstruct adequate school facilities and that inclusive 22 23 24 25 26 27 6 See CRPD/C/COK/CO/1, para. 22, See CCPR/C/21/Rev.1/Add.11. See also CEDAW/C/ISR/CO/5, paras. 12-13. See CCPR/C/ISR/CO/3, para. 5; CERD/C/GBR/CO/18-20, para. 12; and CERD/C/ISR/CO/14-16, paras. 20, 27 and 29. See advisory opinion of the International Court of Justice on the Legal Consequences of the Construction of a Wall in the Occupied Palestinian Territory of 9 July 2004, paras. 106-113. CRC/C/GC/9, para. 55.

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