A/HRC/34/26
protection in a cross-cutting way for all rights and areas of life;35 and (c) explicitly cover all
persons with disabilities, including children, indigenous people, women and girls, hard-ofhearing persons, deaf persons and people with psychosocial disabilities.
69.
In particular, legislation should set out explicitly the obligation to provide
reasonable accommodation with regard to all rights as immediately enforceable,36 stating
that denial of reasonable accommodation constitutes discrimination on the basis of
disability. States could make an arbitrary denial of accommodation punishable by law. 37
States should furthermore regulate the criteria for the provision of reasonable
accommodation,38 identifying the entities responsible and addressing the specific context of
implementation. The implementation of reasonable accommodation calls for flexible
policies, clear guidelines and protocols, specific resources and the efficient and timely
management of funds in order to respond immediately to requests for it. In the United
Kingdom of Great Britain and Northern Ireland, the public Access to Work programme
provides grants to cover the costs of reasonable accommodation incurred by employers who
hire persons with disabilities. New Zealand has allocated public funds to the provision of
sign language for specific situations, and has formulated guidelines for the implementation
of reasonable accommodation.
70.
States must develop policies to prevent the exclusion of persons with disabilities and
to combat discrimination against them,, in particular multiple and intersectional
discrimination based on disability, age, gender, indigenous background and rural isolation,
ethnicity, Afro-descendant origin or migrant status, among others. In particular, social
protection schemes should include older persons with disabilities, for instance by ensuring
coverage of disability-related costs when transitioning to retirement. Policies should also
prevent discrimination among persons with disabilities; for example, disability-related
services and benefits should be provided irrespective of the cause or kind of impairment. 39
Along these lines, policies should envisage budget allocations and markers for women with
disabilities and for children with disabilities. For example, in Togo, the Fond national de
finance inclusive explicitly targets women with disabilities, facilitating their access to
funding. The European Disability Strategy (2010-2020) includes several provisions on
children with disabilities.
71.
States must also ensure the proper monitoring of compliance with legislation and
policies on equality and non-discrimination, including the provision of reasonable
accommodation. Discrimination against and the stereotyping of persons with disabilities
can be rooted in customs and beliefs, including those held by public officials. Monitoring
should have an enhanced focus on the situation of the most marginalized (such as persons
with albinism, in certain contexts, and those with psychosocial disabilities). Persons with
disabilities should have access to information and simple and effective remedies to assess
governmental action.
72.
Monitoring bodies operating under article 33 (2) of the Convention should have
sufficient powers to carry out investigations and impose sanctions on public or private
bodies that commit acts of discrimination,40 and could indeed serve as an effective
alternative means of recourse for persons with disabilities to obtain redress without
35
36
37
38
39
40
16
CRPD/C/GAB/CO/1, para. 13 (a).
CRPD/C/DEU/CO/1, para. 14 (b).
CRPD/C/UKR/CO/1, para. 10.
CRPD/C/MEX/CO/1, para. 52 (e).
CRPD/C/HRV/CO/1, para. 8.
CRPD/C/ECU/CO/1, para. 15.
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