A/HRC/34/26
of impairing or nullifying the recognition, enjoyment or exercise, on an equal basis with
others, of all human rights and fundamental freedoms in the political, economic, social,
cultural, civil or any other field.” All forms of discrimination are included, such as direct
discrimination, indirect discrimination, discrimination by association, structural or systemic
discrimination,14 discrimination on the basis of perceived impairment, disability-based
exclusion and segregation in any field of social life,15 disability-based violence,16 denial of
access,17 denial of reasonable accommodation (see para. 44 below) and failure to provide
procedural accommodation in the context of access to justice.
25.
Discrimination by association covers instances in which an individual is treated less
favourably on the basis of another person's status or protected characteristics, such as
disability, and can also be committed by indirect discrimination.18 Legal frameworks in
Ecuador, Spain and Ireland already include this concept. Recent developments in the field
of employment suggest that the duty to provide reasonable accommodation also applies to
the relatives of persons with disabilities.19
26.
In its general comment No. 3 (2016), the Committee on the Rights of Persons with
Disabilities defined multiple discrimination as being committed when a person is subject to
discrimination on two or more grounds. The Committee added that intersectional
discrimination referred to a situation where several grounds operate and interact with each
other at the same time, in such a way that they are inseparable. Spain, Croatia and the
European Union have acknowledged this as a more serious form of discrimination, to be
addressed by policy.
1.
Discrimination by denial of reasonable accommodation
27.
Reasonable accommodation is an intrinsic part of the duty of non-discrimination
and, as such, is applicable to all rights. The denial of reasonable accommodation in
connection to any right therefore constitutes discrimination on the basis of disability.
28.
Reasonable accommodation emerged in national practice as part of the framework
on non-discrimination in specific areas of law, in particular religious rights, and was first
considered in the case of persons with disabilities in employment and the provision of
services. During the negotiations on the Convention, 14 States reported that they had
reasonable accommodation as part of their anti-discrimination framework. In the United
States of America, the Americans with Disabilities Act established that failure to provide
reasonable accommodation to persons with disabilities entailed discrimination. Examples of
reasonable accommodations include making existing facilities and information accessible
for the person concerned in a particular situation; adapting or acquiring equipment;
reorganizing activities; re-scheduling work; customizing learning materials; adapting
curricula to the capabilities of the person; adjusting medical procedures; implementing
specific communication modalities; and enabling access of support personnel to facilities
restricted to the public.
14
15
16
17
18
19
8
Committee on the Rights of Persons with Disabilities, general comment No. 3 (2016), para. 17.
See CRPD/C/HRV/CO/1, para. 8.
See Committee on the Elimination of Discrimination against Women, general recommendation No.
19 on violence against women, para. 1.
See Committee on the Rights of Persons with Disabilities, general comment No. 2 (2014) on
accessibility, para. 26.
European Court of Human Rights, Guberina v. Croatia, judgment of 22 March 2016.
CRPD/C/EU/CO/1, paras. 78-79. See also Luis Castro-Ramirez v. Dependable Highway Express,
U.S.A, California, 2nd App. Dist., April 6 2016 and August 29 2016.
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