A/HRC/31/62
III. Participation of persons with disabilities in political
and public life
A.
Principle of participation
13.
Participation is a core human rights principle, as well as a basic condition of
democratic societies. Participation allows individuals to play a central role in their own
development, as well as in the development of their communities. People have a right to
participate in decisions that affect their lives, including those concerning their rights. The
active and informed participation of different groups, including women, children, older
persons, indigenous peoples and persons with disabilities, is not only consistent with but is
also a requisite of a human rights-based approach.2 It ensures active citizenship, good
governance and social accountability.
14.
Participation is firmly rooted in international law. It is established in the Universal
Declaration of Human Rights that every person has the right to take part in the government
of his or her country, directly or through chosen representatives, and the right to equal
access to public service (art. 21). The principle of participation through the right to equal
participation in public affairs, the right to vote and to be elected, and the right to have equal
access to public service are reaffirmed in the International Covenant on Civil and Political
Rights (art. 25). Participation has subsequently been codified as a principle and a human
right in other international and regional human rights instruments, including the Convention
on the Rights of Persons with Disabilities.3
15.
The Convention on the Rights of Persons with Disabilities addresses participation as
a cross-cutting issue. Participation is embodied in its preamble and in its purpose (art. 1),
and it is recognized as a general principle (art. 3) and as a fundamental political right
(art. 29). Participation is expressly mentioned in relation to the rights to independent living
and being included in the community (art. 19), inclusive education (art. 24), habilitation and
rehabilitation (art. 26) and participation in cultural life, recreation, leisure and sport
(art. 30). The concept is also present in the article on children with disabilities (art. 7), and
in the articles that prescribe prerequisites for enabling participation such as those on
accessibility (art. 9) and on freedom of expression and opinion and access to information
(art. 21). The Convention on the Rights of Persons with Disabilities further highlights the
importance of participation in its articles on implementation and monitoring mechanisms
(arts. 4, 33, 34 and 35) and on international cooperation (art. 32).
16.
Effective and meaningful participation is at the core of the Convention on the Rights
of Persons with Disabilities. This was demonstrated by the unprecedented involvement of
civil society, particularly persons with disabilities and their representative organizations, in
2
3
Office of the United Nations High Commissioner for Human Rights (OHCHR), Principles and
Guidelines for a Human Rights Approach to Poverty Reduction Strategies, para. 64.
This right is also recognized in the International Covenant on Civil and Political Rights (art. 25), the
International Convention on the Elimination of All Forms of Racial Discrimination (art. 5 (c)), the
Convention on the Elimination of All Forms of Discrimination against Women (art. 7), the
Convention on the Rights of the Child (arts. 12 and 23 (1)) and the International Convention on the
Protection of the Rights of All Migrant Workers and Members of Their Families (arts. 41 (1) and
42 (2)). Regional instruments include the Charter of Fundamental Rights of the European Union
(arts. 39 and 40), Protocol No. 1 to the Convention for the Protection of Human Rights and
Fundamental Freedoms (European Convention on Human Rights) (art. 3), the African Charter on
Human and Peoples’ Rights (art. 13), the American Convention on Human Rights (art. 23) and the
Inter-American Convention on Protecting the Human Rights of Older Persons (art. 27).
5
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