A/HRC/31/62
participation in public affairs can be exercised by voting freely to elect representatives, and
through membership in civil society organizations (CSOs). CSOs comprise a wide range of
non-State and voluntary organizations, associations, networks and groups formed by people
within the social sphere of civil society, including representative organizations of persons
with disabilities.17 Therefore, participation must be ensured to both individuals and
groups.18
24.
States have an obligation under international human rights law to closely consult
with and actively involve persons with disabilities in policymaking, through their
representative organizations. Since the adoption in 1993 of the Standard Rules on the
Equalization of Opportunities for Persons with Disabilities, the international community
has consistently acknowledged that policymaking and programme implementation in
relation to the rights of persons with disabilities is to be undertaken in close consultation
with, and with the involvement of, representative organizations of persons with
disabilities.19 Accordingly, the Convention on the Rights of Persons with Disabilities
clearly provides for the involvement and full participation of persons with disabilities and
their representative organizations in monitoring its implementation, as well as in other
decision-making processes, including legislative, administrative and other matters, that
affect any of their rights.
IV. Participation of persons with disabilities in public decisionmaking
A.
Importance of effective and meaningful participation
1.
Participation for enhanced decisions: diverse perspectives for better outcomes
25.
Diversity is a fundamental aspect of human existence. Human beings experience life
from different perspectives in accordance with their multiple human traits or identities: sex,
race, colour, ethnicity, sexual orientation, language, religion, origin, age, disability or any
other status. This diversity is reflected in the way in which people take decisions, exercise
agency and participate in society. Persons with disabilities are part of this human diversity
and, arguably, embody one of the most heterogeneous population groups. Notwithstanding,
despite decades of efforts, in practice persons with disabilities continue to face barriers to
their participation as equal members of society, all over the world. They rarely occupy
positions in governments, their opinions are seldom considered, and they are usually not
consulted in policymaking, including on matters directly affecting them.
26.
As was evident in the process leading to the adoption of the Convention on the
Rights of Persons with Disabilities, the participation of persons with disabilities in public
decision-making can have an enormous impact on government actions affecting them and
can lead to better decisions, since persons with disabilities are best positioned to identify
their own needs and the most suitable policies for meeting them. Their participation ensures
that States’ policies and programmes are devised on the basis of their needs and
preferences. Therefore, the inclusion of persons with disabilities in public decision-making
17
18
19
8
See www.who.int/civilsociety/documents/en/understanding_en.pdf.
Committee on Economic, Social and Cultural Rights, general comment No. 16 (2005) on the equal
right of men and women to the enjoyment of all economic, social and cultural rights, para. 37.
Committee on Economic, Social and Cultural Rights, general comment No. 5 (1994) on persons with
disabilities, para. 14.
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