A/HRC/34/26
her sex, while most domestic laws allow for persons with psychosocial disabilities to be
detained on the basis of their impairment.2
6.
Persons with disabilities continue to be systematically excluded from all areas of
life. National laws and policies generally perpetuate exclusion, isolation, discrimination and
violence against persons with disabilities, despite international human rights law standards.
Factors such as deprivation of legal capacity, forced institutionalization, exclusion from
general education, pervasive stereotypes and prejudices and lack of access to employment
prevent persons with disabilities from enjoying their rights fully, on an equal basis with
others. In particular, women and girls with disabilities face considerable restrictions on the
exercise of their rights relative to men and other women and girls, due to, for instance
violence, abuse or neglect, and have fewer opportunities in terms of education and
employment.3
7.
The 2030 Agenda for Sustainable Development presents a unique opportunity to
strengthen equality for persons with disabilities and to increase their inclusion and
participation in society. The principles of equality and non-discrimination for persons with
disabilities is a cross-cutting feature in all Sustainable Development Goals, and is not
limited to those explicitly addressing inequality (Goals 5 and 10) or those referring to
persons with disabilities. In this regard, international cooperation is of key importance;
donors should mainstream the rights of persons with disabilities and foresee disabilityspecific funds in their programmes. Disability markers to monitor mainstream international
cooperation efforts can contribute to these ends.
B.
Evolution of equality and non-discrimination under international law
8.
Article 7 of the Universal Declaration of Human Rights recognizes that all persons
are “equal before the law and are entitled to equal protection of the law” and to “equal
protection against discrimination”. Article 2 of the International Covenant on Economic,
Social and Cultural Rights and of the International Covenant on Civil and Political Rights
obligate States to guarantee the exercise of rights without discrimination. The Covenants
expanded the list of forbidden grounds of discrimination to include the “other status”
clause, enabling the inclusion of grounds not explicitly mentioned therein. This clause was
crucial for the advocacy and development of the rights of persons with disabilities under
international human rights law long before the adoption of the Convention on the Rights of
Persons with Disablities. Disability was first adopted as a forbidden ground for
discrimination in the Convention on the Rights of the Child. The Human Rights
Committee, in its general comment No. 18 (1989), recognized the autonomous character of
the right to non-discrimination under article 26 of the International Covenant on Civil and
Political Rights, making it applicable to all areas of law or in fact. As equality and nondiscrimination are a core aspect of human rights treaties, no reservations, understandings or
interpretations are admissible in this domain, as any would be contrary to the object and
purpose of the treaty involved.4 In addition, the Human Rights Committee, in its general
comment No. 29 (2001) found that there are “elements or dimensions of the right to non2
3
4
4
See Committee on the Rights of Persons with Disabilities, Guidelines on Article 14 of the Convention
on the Rights of Persons with Disabilities (available on the Committee webpage at
www.ohchr.org/EN/HRBodies/CRPD/Pages/CRPDIndex.aspx), para. 6.
See Committee on the Rights of Persons with Disabilities, general comment No. 3 (2016), paras. 6
and 9.
Human Rights Committee, general comment No. 24 (1994) on issues relating to reservations made
upon ratification or accession to the Covenant or the Optional Protocols thereto, or in relation to the
declarations under article 41 of the Covenant, paras. 8, 9 and 19.
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