A/HRC/34/58
term that encompasses both informal and formal support arrangements, of varying types
and intensity. 11 All forms of support should be provided while respecting the general
principles of the Convention (art. 3).
37.
Support is a cross-cutting obligation under the Convention. As part of the general
obligations provided in article 4, States parties have an obligation to adopt all appropriate
measures to implement the rights recognized in the treaty, including the provision of
support services when necessary (art. 4 (1) (a)). States must also undertake or promote
research and development, and promote the availability and use, of devices and assistive
technologies (art. 4 (1) (g)), and provide accessible information to persons with disabilities
about mobility aids, devices and assistive technologies, including new technologies, and
other forms of assistance, support services and facilities (art. 4 (1) (h)).
38.
The provision of specific forms of support is further referred to in articles 9
(accessibility), 12 (equal recognition before the law), 13 (access to justice), 16 (freedom
from exploitation, violence and abuse), 19 (living independently and being included in the
community), 20 (personal mobility), 21 (freedom of expression and opinion, and access to
information), 23 (respect for home and the family), 24 (education), 26 (habilitation and
rehabilitation), 27 (work and employment), 28 (adequate standard of living and social
protection) and 30 (participation in cultural life, recreation, leisure and sport).
39.
In many of its concluding observations, the Committee on the Rights of Persons
with Disabilities has called upon States to provide access to support to persons with
disabilities in different aspects of life. 12 More specifically, in its general comment No. 1
(1994) on equal recognition before the law, the Committee stressed that support must
respect the rights, will and preferences of persons with disabilities, and that the type and
intensity of support to be provided will vary significantly from one person to another owing
to the diversity of persons with disabilities.
40.
Many forms of support, such as the support required to exercise legal capacity, are
subject to immediate realization.13 While full realization of other forms of support may be
achieved progressively, States have an obligation to take immediate steps to the maximum
of their available resources, including those made available through international assistance
and cooperation, to ensure support for persons with disabilities, including the adoption of
legislative and policy frameworks and budgetary measures.
41.
The Convention challenges traditional approaches to care and has the potential to
redress the legacy of disempowerment and paternalism. Furthermore, the notion of support
in the Convention also has the potential to override traditional understandings of care and
assistance for other groups, such as older persons and children. The Convention restores the
importance of the “human being” in the human rights discourse by emphasizing the
individual and social aspects of the human experience. 14 These innovations can and should
be incorporated into the implementation of all existing human rights instruments.
11
12
13
14
10
General comment No. 1 (2014) on equal recognition before the law, para. 17.
See www.ohchr.org/EN/HRBodies/CRPD/Pages/CRPDIndex.aspx.
General comment No. 1, para. 30.
Gerard Quinn and Anna Arstein-Kerslake, “Restoring the ‘human’ in ‘human rights’: personhood and
doctrinal innovation in the UN disability convention”, in The Cambridge Companion to Human
Rights Law (Cambridge University Press, 2012), pp. 36-55.
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