A/HRC/43/27
exaggerated as a great feat. According to this stereotype, everyday achievements are given
extraordinary prominence, which even surpass standards of normality, “in spite” of their
impairment. This is often referred to as the phenomenon of a “superhero” whose focus is on
inspiration and serving as a role model for persons with disabilities and others alike.
25.
“Persons with disabilities are mystical or sinister (stereotyped as cursed, possessed
by spirits, practitioners of witchcraft, harmful or bringing either good or bad luck).” Certain
beliefs in some countries and cultures posit that persons with disabilities have superpowers
and/or are magical, or are cursed or possessed by demons, which leads to harmful practices
against them.9 In extreme cases, persons with disabilities, such as persons with albinism,
may be abducted, attacked and murdered so that their body parts can be used in witchcraft
for good fortune and health. In addition, women with disabilities, particularly young
women and girls, may be targeted and raped by men with HIV, which is linked to the myth
of virgin cleansing.
2.
Disability-based discrimination
26.
The above-mentioned stereotypes lead to disability-based discrimination, which
encompasses any distinction, exclusion or restriction on the basis of disability that 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. 10 It includes all forms of discrimination,
such as direct or indirect discrimination, discrimination by association, denial of reasonable
accommodation, structural and systemic discrimination and multiple and intersecting forms
of discrimination.11
27.
Disability-based discrimination is commonly seen as unintended. As a result, antidiscrimination measures tend to be less rigorous, both in their consequences and in their
implementation. Awareness-raising as a tool to combat discrimination is not an exception to
this rule. Protection against discrimination considers both intended and unintended
discrimination and awareness-raising strategies should consider the multiple perspectives
operating behind them.
28.
Disability-based discrimination can have consequences beyond those for persons
with disabilities and affect others by “association”.12 For example, the parents of persons
with disabilities, particularly women, are disproportionally discriminated against in
employment on the assumption that their extra care duties may result in higher absenteeism
or less dedication to the job. Flexible arrangements and reasonable accommodation are antidiscriminatory measures that can help to overcome possible requirements from employees
and avoid disability-based discrimination.13
29.
Persons with disabilities most commonly face multiple and intersecting forms of
discrimination, usually on the grounds of age, disability, ethnic, indigenous, national or
social origin, gender identity, political or other opinion, race, refugee, migrant or asylum
seeker status, religion, sex or sexual orientation. Awareness-raising strategies should
consider the realities of persons with disabilities exposed to these forms of discrimination,
particularly women and girls with disabilities, and the multidimensional layers of identities,
statuses and life circumstances.14
3.
Language and hate speech
30.
Language plays a critical role in shaping and reflecting our thoughts, beliefs and
feelings; it embodies and develops social and cultural values and serves as an instrument
for their communication. Accepted language to refer to persons with disabilities varies
9
10
11
12
13
14
6
CRPD/C/UGA/CO/1, para. 18.
Convention on the Rights of Persons with Disabilities, art. 2.
Committee on the Rights of Persons with Disabilities, general comment No. 6 (2018) on equality and
non-discrimination, paras. 18–22.
Ibid., para. 20.
CRPD/C/EU/CO/1, paras. 78–79.
General comment No. 3, para. 16.
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