A/HRC/32/33
and connectedness. Moreover, sport can be used as a tool to promote “active ageing” —
elderly people being active and engaged in society — to combat negative and inaccurate
images of the elderly that portray ageing as an inevitable and irreversible decline in
function.
77.
States should respect the right to health of elderly people by refraining from
discriminating in the form of denying access to conditions enabling them to live healthy
lifestyles, which includes their access to sporting goods and facilities. States should also
protect the right to health of the elderly by creating complaint and recourse mechanisms for
those whose rights have been violated and by sensitizing third parties to the needs and
abilities of the elderly in the sporting context. Finally, States should fulfil the right to health
of the elderly by facilitating or providing goods, services, facilities and information, in the
area of sport and exercise, that are available, acceptable, accessible and of high quality.
E.
Persons with disabilities
78.
Persons with disabilities should have access to, and benefit from, medical and social
services that enable them to become independent, prevent further disabilities and support
social integration.60 Moreover, persons with disabilities must be provided with
rehabilitation services enabling them to reach and sustain optimum levels of independence
and functioning.61 Furthermore, the Committee on Economic, Social and Cultural Rights
has confirmed that private providers of services and facilities, as well as the public health
sector, must comply with the principle of non-discrimination. These principles are echoed
in article 25 of the Convention on the Rights of Persons with Disabilities, which provides
for the right of enjoyment of the highest attainable standard of health for people with
disabilities, without discrimination on the basis of disability.
79.
Moreover, under article 30 (5) of the Convention on the Rights of Persons with
Disabilities, States are required to take appropriate measures to enable persons with
disabilities to participate on an equal basis with others in recreational, leisure and sporting
activities. These measures include encouraging and promoting the participation of persons
with disabilities in mainstream sporting activities at all levels, ensuring that persons with
disabilities can organize, develop and participate in disability-specific sporting and
recreational activities, and ensuring that persons with disabilities have access to sporting
venues and services. The right of children with disabilities to have equal access to play,
recreation and leisure and sporting activities is explicitly acknowledged in the Convention.
In addition, the Standard Rules on the Equalization of Opportunities for Persons with
Disabilities provide guidance on the types of interventions required in relation to sport and
healthy lifestyles for persons with disabilities (see rule 11).
80.
As physical inactivity is associated with deterioration in the physical and
psychological health of persons living with disabilities, 62 participation in sport and physical
activity may yield more immediate benefits for them than for the rest of the population —
such as improved functional independence and overall quality of life — beyond the
amelioration of long-term health risks. Additionally, persons living with disabilities are at
higher risk of non-communicable diseases.63 For these reasons, investment in achieving
60
61
62
63
18
Committee on Economic, Social and Cultural Rights, general comment No. 5 (1994) on persons with
disabilities.
See E/1995/22.
J. Larry Durstine and others, “Physical activity for the chronically ill and disabled”, Sports Medicine,
vol. 30, No. 3.
WHO, World Report on Disability (2011).
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