A/HRC/34/26 recurring to courts. States should provide them with appropriate resources, 41 ensuring their effectiveness and accessibility.42 Mediation and conciliation mechanisms could serve as an effective tool, and should provide appropriate redress for victims of discrimination. 73. The Committee on the Rights of Persons with Disabilities has requested States parties to collect and disseminate disaggregated data on case law on discrimination, including that involving multiple and intersectional discrimination. 43 This complaint-based information is helpful in assessing outcomes of complaint mechanisms and in identifying trends in discrimination, and should to be broadly disseminated (as in Mexico and Belgium). Most cases of discrimination, however, go unnoticed and are not registered owing to a lack of awareness of rights and of access to justice. Further studies, both quantitative and qualitative, are therefore required in order to assess and combat discrimination against persons with disabilities (as has been done in Spain and Argentina). 74. States should ensure the availability and accessibility of legal remedies, and of effective reparation and redress for victims of discrimination. Lawyers, judges and agents of justice should be targeted in capacity-building efforts to ensure their understanding of the human rights-based approach to disability, particularly of the unconditional application of the principle of non-discrimination to persons with disabilities. Remedies should aim at changing attitudes towards persons with disabilities, and steps must be taken to ensure that persons with disabilities are able to seek injunctions and can receive damages. 44 Remedial schemes should also address the aggravated nature of multiple and intersectional discrimination. Class or collective actions or similar judicial procedures are useful tools to raise awareness and address situations of structural discrimination. States should consider providing favourable frameworks with broad legal standing. 75. In addition, States should waive or reduce costs of lawsuits and take other measures to ensure that persons with disabilities can initiate a claim before the courts. 45 Eligibility criteria for reducing or waiving schemes should not have a negative impact on persons with disabilities; for example, if an income threshold is established as a criterion, it should exclude disability-related benefits from the calculation in order to avoid conflict with social protection ends. V. Conclusions and recommendations 76. The Convention on the Rights of Persons with Disabilities takes an innovative approach to the principles of equality and non-discrimination in international human rights law. It lays out a powerful vision of substantive equality, calling for action to transform current societal structures, systems and conceptions. States should, in consultation with persons with disabilities, adopt laws and policies in accordance with the Convention to reduce inequalities, including by facilitating accessibility, working actively to change negative perceptions and attitudes, and providing for inclusive environments. They should ensure the exercise of enabling rights– such as the right to equal recognition before the law, to education and to employment – which are the key to achieving substantive equality. 41 42 43 44 45 CRPD/C/KOR/CO/1, para. 12; CRPD/C/GTM/CO/1, para. 18. CRPD/C/BOL/CO/1, para. 12. CRPD/C/DNK/CO/1, para. 17. CRPD/C/BEL/CO/1, para. 12. CRPD/C/KOR/CO/1, para. 12. 17

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