A/HRC/43/41
universal treaty.38 It is included in its preamble, purpose and principles, and is referred to in
relation to specific rights such as the right to health. “Inherent dignity” refers to the worth
of every person. The recognition of inherent dignity serves as a powerful reminder that
persons with disabilities, simply by being human, are equally worthy and deserving of
respect.39 It proclaims that persons with disabilities are ends in themselves and not means to
the ends of others, challenging societal responses that treat them as objects to be pitied,
protected or cured, or value their lives only from a utilitarian standpoint.
42.
Individual autonomy and personal independence (art. 3 (a)) are essential values
associated with human dignity. Autonomy means to have the freedom to make one’s own
choices, independence and to be in charge of one’s own life. Traditionally, both individual
autonomy and personal independence were based on ableist assumptions, such as
possessing certain mental capacity or not needing assistance to carry out everyday activities.
As a result, persons with disabilities were seen as less autonomous and independent than
others and even as having no autonomy or independence. However, the human rights model
of disability frames autonomy and independence in a way that takes into account the
interdependence of human experiences and accepts reliance on others as a fundamental
aspect of these values (see A/HRC/34/58). Respect for individual autonomy means that
persons with disabilities are recognized as rights holders, capable of making their own
decisions, with adequate support if required. Having high support needs cannot justify the
denial of autonomy and self-determination.
43.
The principles of non-discrimination (art. 3 (b)) and equality of opportunity (art. 3
(e)) are also important for ensuring the respect of the rights of persons with disabilities in
medical and scientific practice. Those principles lie at the heart of the Convention and are
evoked consistently throughout its text with the formula “on an equal basis with others”.
The Convention embraces a model of substantive equality (“inclusive equality”) that seeks
to address structural discrimination in addition to direct and indirect discrimination. It
further provides for a framework for a positive response to human diversity in order to
achieve equality, taking into account power relations and different layers of identity. The
principles of equality and non-discrimination entail stopping all forms of discrimination
against persons with disabilities, including discrimination by private actors, but also
ensuring legal and policy frameworks that enable persons with disabilities to fully
participate on an equal basis with others.
44.
The principle of respect for difference and the acceptance of persons with
disabilities as part of human diversity and humanity (art. 3 (d)) is a unique contribution of
the Convention on the Rights of Persons with Disabilities to human rights theory. Respect
for difference involves accepting persons with disabilities for who they are, rather than
pitying them or seeing them as a problem that needs to be “fixed”. It further implies that
impairment is not to be regarded as a deficit or as a factor that can be detrimental to human
dignity.40 Accordingly, persons with disabilities are recognized as part of human diversity
and must be respected and embraced as such. This premise is fundamental to addressing
ethical and policy questions that are triggered by how society perceives and treats
impairment.
45.
The principle of respect for the evolving capacities of children with disabilities and
respect for the right of children with disabilities to preserve their identities (art. 3 (h)) is
also relevant for discussions related to medical and scientific concerns. The principle of
respect for their evolving capacities affirms that children are rights holders under
international law and recognizes the role of children’s agency in decision-making. The
recognition of the right to preserve the child’s identity involves the protection of both the
static and dynamic attributes of a child’s identity, including, inter alia, their disability. 41
38
39
40
41
Committee on the Rights of Persons with Disabilities, general comment No. 6 (2018) on equality and
non-discrimination, para. 6.
See Gerard Quinn and Theresia Degener, Human Rights and Disability. The Current Use and Future
Potential of United Nations Human Rights Instruments in the Context of Disability (Geneva, United
Nations Press, 2002).
See Theresia Degener, “Disability in a human rights context”, p. 8.
John Tobin and Jonathan Todres, “Article 8. The right to preservation of a child’s identity” in The UN
Convention on the Rights of the Child. A Commentary, John Tobin, ed. (Oxford, Oxford University
Press, 2019).
11
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