A/HRC/34/26
discrimination that cannot be derogated from in any circumstances”, an aspect that would
require further analysis by the Committee on the Rights of Persons with Disabilities.
9.
International and regional human rights law and domestic law have contributed to
the development of the notion of equality and to the identification of different forms of
discrimination. Current standards go beyond the promotion of formal equality, which
requires that similarly situated persons be treated equally. International human rights law
endorses a vision of substantive equality, “a real transformation of opportunities,
institutions and systems so that they are no longer grounded in historically determined
[discriminatory] paradigms”. 5 In order to achieve substantive equality, “special measures”
that favour specific right-holders over others were first reflected as a tool in the
International Convention on the Elimination of All Forms of Racial Discrimination.
10.
International human rights law identifies different forms of discrimination.
Discrimination can be direct or indirect, structural, or affect specific individuals. At the
same time, discrimination can be based on more than one forbidden ground, entailing
multiple and intersecting forms of discrimination. 6
III. Equality and non-discrimination under the Convention on
the Rights of Persons with Disabilities
A.
Equality
11.
The Convention on the Rights of Persons with Disabilities supersedes previous
international developments, such as the Standard Rules on the Equalization of
Opportunities for Persons with Disabilities or the Inter-American Convention on the
Elimination of All Forms of Discrimination against Persons with Disabilities. Nowadays,
the Convention on the Rights of Persons with Disabilities represents the most advanced
international human rights instrument on the rights of persons with disabilities.
12.
The Convention expands previous human rights standards to ensure the exercise of
all human rights for persons with disabilities, and explicitly includes in its principles
equality and non-discrimination, which underpin all of its provisions. It develops
substantive equality for persons with disabilities starting from article 5 (1), which includes
both equality of opportunities and equality of outcomes.7 It requires the transformation of
existing social structures, systems and conceptions, such as ableism, 8 that perpetuate
discrimination against persons with disabilities.
13.
According to the Convention, State parties must reform and develop legal
frameworks and policies to ensure equality for persons with disabilities, in this process
consulting closely with and actively involving persons with disabilities through their
representative organizations. Attitude barriers prevent respect for the equality of persons
with disabilities. The Convention, under article 8, provides for measures to combat
stereotyping and to promote positive perceptions of persons with disabilities, which
contribute to promote respect towards difference and acceptance of human diversity.
Achieving substantive equality requires the elimination of barriers, including physical and
5
6
7
8
Committee on the Elimination of Discrimination against Women, general recommendation No. 25
(2004) on temporary special measures, para. 10.
Ibid., para. 12. See also general recommendation No. 28, paras. 18 and 26.
See Committee on the Rights of Persons with Disabilities, general comment No. 3 (2016), para. 9.
A/71/314, para. 31.
5
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