A/HRC/34/26
for themselves and their organizations. 29 In particular, policies for empowerment should
target women and girls with disabilities (as is the case in Thailand).
64.
States should promote a positive perception and raise awareness of the scope of
equality and non-discrimination for persons with disabilities, including by combating
stereotyping and stigmatization. In this sense, the Committee on the rights of Persons with
Disabilities has recommended that States develop campaigns to fight discrimination against
persons with disabilities and provide training and guidance for the public and private
sectors on anti-discrimination, including mandatory training on multiple discrimination, and
the legal obligation to provide reasonable accommodation in all sectors, at every level of
government. Eliminating barriers in attitude requires further efforts under article 8 of the
Convention, and entails a critical approach to negative perceptions of persons with
disabilities. In 2016, the Social Forum raised the importance of working with the media
sector to increase their visibility and contribute to the elimination of existing stereotypes of
them.30
65.
Article 31 of the Convention requires States to collect data, including statistical and
research data, to assess the de facto equality of persons with disabilities and to identify
situations of structural discrimination. Data collected should contribute to the development
of human rights indicators in order to assess comprehensively compliance with the
Convention. Information should be disaggregated by, inter alia, sex, age and impairment,
clearly presented and disseminated in accessible formats.
66.
Specific measures have proven to be effective in reducing inequality for persons
with disabilities. Adopting further specific measures, including temporary measures and
affirmative actions – notably when identifying situations of structural discrimination such
as a low employment rate) and of disadvantage (for example, the failure of social protection
schemes to cover disability-related costs) – can accelerate the process of reducing
inequality. In this area, legislation could incentivize employers to hire persons with
disabilities (as seen in the case of Spain and Portugal). Measures could address other areas,
such as political participation, social housing and social protection. The introduction of
social protection floors that are inclusive of persons with disabilities, consider their support
needs and are compliant with the Convention is fundamental to reducing inequality.
67.
Affirmative action has contributed to an increase in awareness and the exercise of
rights in a number of States, with different results. Mandatory quotas, which are common in
the field of employment, have been adopted in, inter alia, the Republic of Korea, China,
Croatia, France, Ecuador and Ukraine. Once the quotas have been adopted in legislation,
States should ensure that they are implemented, with clear targets based on comparable
disaggregated data.
68.
Legal harmonization is essential to ensure compliance with the principle of nondiscrimination, including by private persons, organizations and private enterprises. States
should repeal discriminatory laws and provisions that deny rights and prevent participation
and inclusion on the ground of disability, 31 and incorporate a definition of “discrimination
on the basis of disability”. 32 Furthermore, legislation should (a) explicitly address all forms
of discrimination, including discrimination by association,33 and recognize multiple and
intersectional discrimination as an aggravated form of discrimination; 34 (b) ensure
29
30
31
32
33
34
See CRPD/C/UKR/CO/1, para. 10; CRPD/C/CZE/CO/1, para. 12; and CRPD/C/DOM/CO/1, para. 9.
See A/HRC/34/69.
CRPD/C/COK/CO/1, para. 10 (c).
CRPD/C/SRB/CO/1, para. 10; CRPD/C/UGA/CO/1, para. 9 (a); CRPD/C/TUN/CO/1, para. 13.
CRPD/C/ARE/CO/1, para. 12 (a); CRPD/C/MUS/CO/1, para. 10; CRPD/C/BEL/CO/1, para. 12.
CRPD/C/GTM/CO/1, para. 16; CRPD/C/SVK/CO/1, para. 18.
15
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