A/HRC/37/56
on the enjoyment of all human rights by older persons, she convened international experts
from the ageing and disability constituencies to discuss the situation of older persons with
disabilities, particularly as it relates to their autonomy and independence.
7.
On 24 October, the Special Rapporteur presented her annual report to the General
Assembly on sexual and reproductive health and rights of girls and young women with
disabilities (A/72/133). The report was made available in accessible formats.
8.
On 4 December, to mark the International Day of Persons with Disabilities, the
Special Rapporteur together with other United Nations agencies, Member States and
disability advocacy organizations organized several awareness-raising activities under the
campaign to embrace diversity called “A Day for All”. In December, she also took part in
the celebrations of the twentieth anniversary of the Convention on the Prohibition of the
Use, Stockpiling, Production and Transfer of Anti-Personnel Mines and on Their
Destruction held in Vienna.
9.
In June, the Special Rapporteur was elected as Chair of the Coordination Committee
of Special Procedures and held many meetings in that capacity. She continued to
collaborate closely with special procedures and treaty bodies, as well as with other United
Nations experts and agencies, including the International Labour Organization, the Office
of the United Nations High Commissioner for Human Rights, the United Nations
Population Fund, the World Health Organization and the United Nations Partnership to
Promote the Rights of Persons with Disabilities.
10.
The Special Rapporteur also engaged with several stakeholders, such as national
human rights institutions, representative organizations of persons with disabilities, other
non-governmental organizations, universities and the diplomatic community.
C.
Communications
11.
Summaries of communications sent and replies received during the period covered
by the present report are available in the communications reports of special procedures
(A/HRC/34/75, A/HRC/35/44 and A/HRC/36/25).
III. The right of persons with disabilities to equal recognition
before the law
12.
The present report aims to provide guidance to States on how to guarantee the right
of persons with disabilities to equal recognition before the law. Given the importance of the
process of legal harmonization in implementing that right, the report pays particular
attention to the process of law reform on legal capacity.
A.
A paradigm shift towards universal legal capacity
13.
Equal recognition before the law is central to human rights. Often described as the
“right to have rights”, it articulates the right of every person to be a holder of rights and
obligations under the law, which is a necessary precondition for the exercise of all other
human rights and fundamental freedoms. At the international level, it is recognized in the
Universal Declaration of Human Rights (art. 6), the International Covenant on Civil and
Political Rights (art. 16), the Convention on the Elimination of All Forms of Discrimination
against Women (art. 15), the International Convention on the Protection of the Rights of All
Migrant Workers and Members of their Families (art. 24) and the Convention on the Rights
of Persons with Disabilities (art. 12).2 At the regional level, it is recognized in the American
2
4
While the Convention on the Rights of the Child does not contain any explicit provision, the
recognition of children as rights holders and respect for their views and interests are intrinsic to its
text.
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