A/HRC/4/75
page 11
nevertheless imposes clear obligations on States parties to undertake deliberate, concrete and
targeted steps towards achieving these rights within a reasonably short time of the treaty’s entry
into force for the State concerned.5
Rights contained in the Convention
33.
The Convention sets out the obligations on States parties to the Convention in relation to
civil, cultural, economic, political and social rights. While the Convention does not recognize
any new rights, the Convention does define with greater clarity the application of existing rights
to the specific situation of persons with disabilities. It is not possible to cover all of the articles
comprehensively. The following examples illustrate how a limited selection of the rights
recognized in the Convention has practical application to the lives of persons with disabilities.
34.
Equal recognition before the law: The Convention reaffirms that persons with disabilities
have the right to recognition everywhere as persons before the law and that they enjoy legal
capacity on an equal basis with others. At its most basic level, the Convention ensures that the
practice of not registering children with disabilities at birth is clearly a human rights violation.
Further, the recognition of the legal capacity of persons with disabilities acknowledges that
persons with disabilities can make decisions affecting their lives. Where necessary, States
parties have to take appropriate measures to provide access to support for persons with
disabilities so that they are able to take decisions on their own behalf. States must ensure that all
measures that relate to the exercise of legal capacity provide for appropriate and effective
safeguards to prevent abuse, in accordance with international human rights law.
35.
The right to vote: The Convention guarantees political rights of persons with disabilities
and States parties must ensure the right and opportunity for persons with disabilities to vote and
be elected, including by ensuring voting procedures, facilities and materials are appropriate,
accessible and easy to understand and use. To give an example, for a blind person to enjoy the
right to vote on an equal basis with others, that person might require voting material in Braille
and might require a trusted assistant in the voting booth to help fill out the voting form. The
Convention therefore guarantees these or similar additional accommodations so that persons with
disabilities can enjoy the right to vote on an equal basis with others.
36.
The right to education: The Convention recognizes the right of persons with disabilities
to education. To this end, States parties must ensure an inclusive education system at all levels
and life-long learning. Learners with disabilities therefore have a right not to be excluded from
the general education system on the basis of disability and to reasonable accommodation for the
individual learner’s needs. This not only means that learners have a right to attend mainstream
schools and not be relegated to segregated schools, it also means that the special education needs
of persons with disabilities must be taken into account in the general education system. This
goes beyond grouping all learners together in one classroom to ensuring the provision of
effective individualized support that maximizes academic and social development.
5
Committee on Economic, Social and Cultural Rights, general comment No. 3 (1990) on “The
nature of States party’s obligations”, paras. 3 and 9.
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents