A/HRC/4/75
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44.
Children with disabilities: In a similar vein, the Convention recognizes the particularly
vulnerable position that children with disabilities often face. The Convention therefore obliges
States to take all necessary measures to ensure the full enjoyment by children of their rights on
an equal basis with others. The reference recalls the only other express reference to
“disabilities” in any of the core human rights instruments, which appears in the Convention on
the Rights of the Child (CRC). The CRC recognizes “disability” as a category of discrimination
(art. 2) and that children with disabilities should enjoy a full and decent life (art. 23). The
present Convention therefore builds on the CRC through the identification of comprehensive
obligations on States to protect the rights of children with disabilities.
45.
Responsibilities of the private sector: While the obligations under the Convention rest on
the future States parties, the private sector has an important role to play in combating
discrimination and in providing opportunities for persons with disabilities to participate actively
in the public sphere. In this regard, the role of the private sector is expressly recognized in
several instances in the Convention. Importantly, States parties have an obligation to take all
appropriate measures to eliminate discrimination on the basis of disability by any person,
organization or private enterprise (art. 4). Further, States parties will have to ensure that private
entities that offer facilities and services open to the public take into account all aspects of
accessibility for persons with disabilities (art. 9). In protecting the freedom of expression of
persons with disabilities, States parties have to urge private entities that provide services to the
general public, including through the Internet, to provide information and services in accessible
and usable formats (art. 21). States must also raise awareness of the human rights of persons
with disabilities including through the promulgation of ethical standards for public and private
health care (art. 25). Finally, States shall safeguard the right to work, including by promoting the
employment of persons with disabilities in the private sector through appropriate policies and
measures, which may include affirmative action programmes (art. 27).
46.
In addition to issues explicitly addressed by its provisions, the Convention will be of
particular relevance to a number of specific issues or groups facing particular human rights
challenges. For example, the Convention may be particularly relevant when addressing the
rights of victims of landmines. Disability can occur as a result of conflict, particularly due to
unexploded ordnance. The Convention requires States parties to take all necessary measures to
ensure the protection and safety of persons with disabilities in situations of risk, including
situations of armed conflict and humanitarian emergencies. Moreover, a range of provisions of
the Convention are relevant to assisting the victims of conflict who have become disabled as a
result. For example, while victims of landmines are not explicitly mentioned, the promotion of
emergency and continuing health care, the provision of habilitation and rehabilitation services,
economic reintegration through the right to work and the requirement to introduce legislative and
policy frameworks to combat discrimination on the basis of disability are all relevant to assisting
the victims of landmines. In this way, the Convention can be considered to complement other
international instruments such as the Convention on the Prohibition of the Use, Stockpiling,
Production and Transfer of Anti-Personnel Mines and on Their Destruction; Ottawa Convention
on Landmines which promotes victim assistance in its article 6.
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