A/HRC/40/32 II. Understanding habilitation and rehabilitation A. International legal framework for habilitation and rehabilitation 6. Access to rehabilitation has long been understood to be an intrinsic element of the right to health. Although rehabilitation is not expressly mentioned in article 12 of the International Covenant on Economic, Social and Cultural Rights, the Committee on Economic, Social and Cultural Rights explained in its general comment No. 5 (1994) on persons with disabilities (para. 34) that the right to physical and mental health also implies the right to have access to, and to benefit from, medical and social services, and that persons with disabilities should be provided with rehabilitation services that would enable them to reach and sustain their optimum level of independence and functioning. In its later general comment No. 14 (2000) on the right to the highest attainable standard of health (para. 17), the Committee further affirmed that the provision of equal and timely access to basic rehabilitative health services fell under article 12 (2) (d) of the Covenant on the creation of conditions which would assure to all medical service and medical attention in the event of sickness. 7. Rehabilitation has also been recognized as part of redress for victims of serious human rights violations. In particular, under the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, victims of torture are guaranteed an enforceable right to fair and adequate compensation, including the means for as full rehabilitation as possible (art. 14 (1)). The right of victims to rehabilitation has been recognized in the contexts of sexual violence (A/70/222, para. 25), human trafficking (A/HRC/7/8) and slavery (A/HRC/24/43, paras. 62–66). 8. The Convention on the Rights of the Child became the first United Nations human rights treaty to include an explicit obligation to provide rehabilitation services to persons with disabilities. Under article 23, States parties must ensure that children with disabilities have effective access to and receive education, training, health-care services, rehabilitation services, preparation for employment and recreation opportunities. Under that article, rehabilitation is treated as being separate from health care. It has long been understood that rehabilitation of persons with disabilities is not confined to the medical realm. 2 9. Under the Convention on the Rights of Persons with Disabilities, a cross-sectoral approach to rehabilitation is recognized and reinforced. During the drafting of the Convention, the initial proposal to address rehabilitation alongside health in one provision was quickly rejected. There was a shared understanding within the Ad Hoc Committee on a Comprehensive and Integral International Convention on the Protection and Promotion of the Rights and Dignity of Persons with Disabilities that rehabilitation had social, educational, vocational and other non-health components. In the end, it was agreed that a separate article specifically dedicated to rehabilitation was the most appropriate solution. 10. While elements of rehabilitation are present in other articles under the Convention, article 26 increases its visibility as an important strategy for ensuring the inclusion and participation of persons with disabilities to attain, maintain and maximize their independence, full physical, mental, social and vocational ability, and full inclusion and participation in all aspects of life. The result is the creation of a unifying framework for the provision of coordinated and comprehensive rehabilitation services that are voluntary, individualized and community-based. The services and programmes should begin at the earliest stages possible and be based on a multidisciplinary assessment while supporting participation and inclusion. Article 26 also requires that States parties promote the development of initial and continuing training for professionals and staff working in habilitation and rehabilitation while promoting the availability, knowledge and use of assistive devices and technologies. 2 4 World Health Organization (WHO), “WHO Expert Committee on Medical Rehabilitation: second report” (Geneva, 1969), p. 6. See also the Standard Rules on the Equalization of Opportunities for Persons with Disabilities, rule 3.