A/HRC/43/27
IV. Implementation measures
A.
Normative framework
55.
Normative frameworks play a fundamental role in framing attitudes and behaviour
towards persons with disabilities. Normative frameworks should be broadly understood and
include cultural aspects and societal values that may not be reflected formally in legislation.
It is very common to see legislation that formally recognizes the rights of persons with
disabilities overruled by everyday behaviour. This broad approach, which tackles both legal
and attitudinal perspectives, is reflected in the Convention on the Rights of Persons with
Disabilities since it requires the necessary legal reforms to harmonize domestic legislation
with the treaty and, additionally, recognizes that, even without completing such reforms,
States parties should refrain from engaging in any act or practice that is inconsistent with
the Convention.19 Nevertheless, formal legal and policy frameworks remain key in
mobilizing change and providing the legitimacy for actions.
56.
In almost every area of rights, the charity and medical models of disability continue
to provide the philosophical basis for most legislation in the world. Pejorative language and
legislation that allows harmful practices against persons with disabilities makes up the vast
majority of legislation and policies. Ending these perspectives in law is key in eliminating
attitudinal barriers that lead to discrimination and the exclusion of persons with disabilities
in society.
57.
Many countries have established criminal and civil responsibility for hate speech,
including by imposing penalties both on the perpetrators and the platforms that do not
control the content that is published on them. Legal responsibility not only aims at deterring
certain behaviour but represents a collective stand on certain issues. Incorporating hate
speech, bullying and harmful practices as illegal in law frames the collective perspective of
a society and may contribute to changing negative attitudes.
B.
Media policy
58.
Article 8 of the Convention on the Rights of Persons with Disabilities specifically
provides that States parties should raise awareness by encouraging all organs of the media
to portray persons with disabilities in a manner consistent with the purpose of the
Convention. The use of the word “encourage” implies that States parties cannot demand a
certain conduct from the media. This is rooted in the right of freedom of expression under
article 19 of the International Covenant on Civil and Political Rights.
59.
Broadcasting regulatory frameworks offer a platform for combating the
discriminatory portrayal of persons with disabilities. They can include principles to
promote diversity and combat disability-based discrimination. These non-mandatory
provisions can serve as a basis for codes of conduct, or similar self-regulatory frameworks,
which can include guidance on developing content in a manner that prevents discrimination.
The assessment, development, monitoring and revision of such codes should be carried out
following public consultation, including with persons with disabilities and their
representative organizations. For example, in Germany, organizations of persons with
disabilities sit on the supervisory bodies of public broadcasting corporations.
60.
Access to the media should include multiple means of communication, as it is a
fundamental instrument for awareness-raising. For example, in Argentina, the law on the
national media provides for progressive implementation of closed captioning, audio
description and sign language interpretation in multiple media.
61.
As mentioned above, the presence, portrayal and participation of persons with
disabilities in the broadcast media, both on and off air, can rapidly improve efforts in the
media companies and their products to change attitudes. States could work together with
19
12
Art. 4 (b) and (d).
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