A/HRC/34/26
77.
According to article 5 (4) of the Convention, specific measures to achieve de
facto equality go beyond “affirmative actions”. States parties should take specific
measures to address inequalities and to combat discrimination, particularly structural
discrimination. They should, in addition, provide effective monitoring tools and
remedies to improve the enforcement of these specific measures.
78.
Persons with disabilities are subject to all kinds of discrimination. The
Convention expands on previous human rights treaties and includes denial of
reasonable accommodation and discrimination by association as forms of
discrimination on the basis of disability. States parties should ensure protection
against all kinds of discrimination by domesticating the Convention in national law;
providing tools and guidelines to implement its innovative aspects; empowering
persons with disabilities with regard to their rights; building the capacity of public
officials, including judges and monitoring agents; and ensuring effective remedies and
proper redress and reparation to victims of discrimination.
79.
The innovative aspect of the Convention on reasonable accommodation must
not be confused with other concepts, such as accessibility, specific measures, or
support and procedural accommodation. Reasonable accommodation requires further
development in international human rights law. Existing national practices should
allow the identification of some elements that could contribute to its implementation.
States should improve or adopt legal and regulatory frameworks that clearly identify
those responsible for providing accommodation in all areas of the law; provide
guidelines and protocols for their implementation; assure flexibility in their policies
and budgets to accommodate specific requests; and lay out appropriate procedures
and criteria to assess when a requested accommodation imposes a “disproportionate
or undue burden”, ensuring a case-by-case approach. Reasonable accommodation
funds might prove useful to ensure appropriate funding, when required.
80.
The collection of disaggregated data (including on cases on discrimination, to
inform human rights indicators) is crucial to monitor the equality of, and
discrimination against, persons with disabilities – and, in particular, to identify
situations of systemic discrimination. States should develop national human rights
indicators under the Convention and disaggregate data by, inter alia, age, gender and
impairment, to assess implementation of the Convention.
81.
Independent monitoring mechanisms and/or national human rights institutions
can play a pivotal role in promoting equality of and non-discrimination against
persons with disabilities, in particular by raising awareness, providing technical
guidance and capacity-building to persons with disabilities, public officials, judges and
legal professionals and other stakeholders. States should provide them with
appropriate resources and ensure their independence in order to fulfil their mandates
and to facilitate access to justice.
82.
The 2030 Agenda for Sustainable Development presents a unique opportunity
to reduce inequality for persons with disabilities and to ensure their inclusion and
participation. States and stakeholders must ensure that the principles of equality and
non-discrimination for persons with disabilities are implemented in a cross-cutting
way in all goals. International cooperation should both mainstream the rights of
persons with disabilities and increase disability-specific funds, implementing disability
markers to monitor the implementation of programmes.
18
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents