A/HRC/34/26
communicational ones. Implementing accessibility measures and providing support help to
secure the full enjoyment of rights on an equal basis with others.
14.
Substantive equality also requires the exercise of enabling rights, such as equal
recognition before the law, which allow for making decisions and entering into contracts.
The rights to inclusive education and to work and employment, also supported by
Sustainable Development Goals 4 and 8, are key factors in developing overall equality. For
example, inclusive education systems enable persons with disabilities to increase their
participation. The right to education requires equality measures, such as the provision of
accessible learning materials, support and teachers’ training, and is complemented by antidiscrimination measures, such as reasonable accommodation and the prohibition of
exclusion from general education, followed by system reform.9 Article 27 on work and
employment promotes equality by developing inclusive employment markets, providing for
flexible working schedules and support when necessary, and developing the potential of all
persons with disabilities.
15.
The Convention reinforces equality for women and girls with disabilities,
acknowledging that they face more barriers than men and boys, and requires measures for
their development, advancement and empowerment.10 The adoption of a twin-track
approach to policies, crucial in this regard, consists both of mainstreaming the rights of
women and girls with disabilities in general policies, including those on gender equality,
and adopting specific policies. For example, States should include women with disabilities
in their mainstream sexual and reproductive health policies, and also include specific
frameworks when needed “to legally provide for the performance of certain reproductive
health services”11 without discrimination.
16.
In addition, the Convention has a specific focus on children with disabilities,
establishing that States must adopt measures to ensure their exercise of human rights on an
equal basis with others. This entails implementing equality measures in all areas, respecting
the best interests of the child and their own views on matters affecting them, and providing
disability and age-appropriate assistance for this purpose.
17.
The non-State sector is important for achieving equality, in particular in such areas
as education, employment, health and housing, and the provision of goods and services.
States should seek active collaboration with the non-State sector, including by increasing
cooperation with chambers of commerce, labour unions, private school federations and
religious institutions, among others. The provision of technical assistance, guidelines and
information, in particular on reasonable accommodation, accessibility and universal design,
is crucial to advance equality and to reduce dependency on legal actions to enforce rights.
Joint private–public initiatives are also pivotal to develop more inclusive organizational
cultures, markets and services.
Specific measures to achieve de facto equality under article 5 (4) of the Convention
18.
Specific measures to achieve de facto equality – that is, measures that establish
preference over others and that are not considered discrimination – can contribute
significantly to achieving substantive equality and combating structural discrimination.
States are greatly encouraged to continue to take them when identifying inequalities that
9
10
11
6
Committee on the Rights of Persons with Disabilities, general comment No. 4 (2016) on the right to
inclusive education.
Committee on the Rights of Persons with Disabilities, general comment No. 3 (2016) on women and
girls with disabilities.
Committee on the Elimination of Discrimination against Women, general recommendation 24 (1999)
on women and health, para. 11.
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents