A/HRC/34/26
have an impact on persons with disabilities. A wide range of diverse measures favouring
persons with disabilities – and their households – is called for in order to increase the level
of enjoyment of their rights, in accordance with the Convention. They might address
situations ranging from systemic discrimination (for example, a low employment rate) to
specific concerns affecting the rights of persons with disabilities (for example, the high cost
or lack of adapted vehicles).
19.
“Specific measures” in the Convention include, but are not limited to, “temporary
special measures”,12 as seen in previous treaties. The latter are meant to have a limited
duration: once equality has been reached, they are no longer justified. 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 abandoned the term
“temporary”, given that permanent measures are also required to ensure equality for
persons with disabilities. For instance, quota systems to increase access to employment by
persons with disabilities can be temporary (until no longer necessary), while tax exemptions
for importing vehicles or assistive devices usually are not. In the area of political
participation, innovative specific measures are also starting to be implemented, such as the
reservation of seats in parliament or other areas of government for representatives of
persons with disabilities, as in the case of Uganda.
20.
These measures must be consistent with all the principles and provisions of the
Convention; for example, measures in education must not lead to segregated practices (such
as special schools or classes). Furthermore, while quota systems are desirable to promote
equality, they should not include reserved working positions or tasks exclusive to persons
with disabilities, which reproduce stereotypes and stigmatization, lead to an impasse in
career development and do not value the skills of the employee.
21.
In its general comment No. 3 (2016), the Committee on the Rights of Persons with
Disabilities highlighted the lack or insufficiency of specific measures to promote the
education and employment of women with disabilities. These measures can also promote
their equality with men with disabilities and other women.
B.
Non-discrimination
22.
Generally speaking, current national laws and practices do not provide for strong
protection against discrimination on the basis of disability, and do not include disability as a
forbidden ground of discrimination in accordance with the Convention. Furthermore,
reasonable accommodation is usually absent in legislation, or is misconstrued or confused
with other concepts, such as accessibility.
23.
The Convention provides a robust non-discrimination framework, and innovates by
including denial of reasonable accommodation as a form of discrimination. Article 5 (2)
bans all discrimination on the basis of disability and requires equal and effective legal
protection against discrimination on all grounds, referring to other non-discrimination
obligations. This includes providing access to remedies, and ensuring that, when a person
has enough evidence to prove prima facie discrimination, the burden of proof shifts to the
respondent.13
24.
Article 2 of the Convention defines discrimination on the basis of disability as “any
distinction, exclusion or restriction on the basis of disability which has the purpose or effect
12
13
Terms such as “affirmative action”, “positive discrimination” and “preferential treatment” are usually
used in domestic contexts to refer to this kind of measure.
See for example CERD/C/ISL/CO/18, para. 14, and CCPR/C/CHL/CO/5, para. 18.
7
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