A/HRC/4/75
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to meet regularly to consider any matter with regard to implementation of the Convention and to
be convened by the Secretary-General of the United Nations no later than six months after the
entry into force of the Convention. The Convention also establishes the Committee on the
Rights of Persons with Disabilities with authority to receive and review periodic reports
submitted by States parties to the Convention.
20.
Under the Optional Protocol to the Convention, individuals and groups of individuals
may submit allegations of breaches of any of the provisions of the Convention to the Committee.
The Optional Protocol also permits the Committee to undertake in-country inquiries where there
has been reliable evidence of grave or systematic violations of the rights of persons with
disabilities.
21.
It is often stated that the Convention represents a paradigm shift in attitudes that moves
from a perception of persons with disabilities as objects of charity, medical treatment and social
protection to subjects of rights, able to claim those rights as active members of society. The
Convention achieves this paradigm shift by affirming that persons with disabilities hold civil,
cultural, economic, political and social rights, are entitled to full protection against
discrimination and by establishing monitoring mechanisms at the national and international
levels to ensure that persons with disabilities are able to enforce those rights.
Purpose and definitions
22.
Article 1 of the Convention identifies its purpose “to promote, protect and ensure the full
and equal enjoyment of all human rights and fundamental freedoms by all persons with
disabilities and to promote respect for their inherent dignity”.
23.
The Convention does not include a definition of “disability” or “persons with disabilities”
as such. However, elements of the preamble and article 1 provide guidance to clarify the
application of the Convention. First, the preamble recognizes that “disability is an evolving
concept and that disability results from the interaction between persons with impairments and
attitudinal and environmental barriers that hinders their full and effective participation in society
on an equal basis with others”. Article 1 states that “(p)ersons with disabilities include those
who have long-term physical, mental, intellectual or sensory impairments which in interaction
with various barriers may hinder their full and effective participation in society on an equal basis
with others”.
24.
Several elements of these provisions are relevant to highlight. First, there is recognition
that “disability” is an evolving concept resulting from attitudinal and environmental barriers
hindering the participation of persons with disabilities in society. Consequently, the notion of
“disability” is not fixed and can alter, depending on the prevailing environment from society to
society. Second, disability is not considered as a medical condition as such, but rather as a result
of the interaction between negative attitudes or an unwelcoming environment with the condition
of particular persons. By dismantling attitudinal and environmental barriers - as opposed to
treating persons with disabilities as problems to be fixed - those persons can participate as active
members of society and enjoy the full range of their rights. Third, the Convention does not
restrict coverage to particular persons; rather, the Convention identifies persons with long-term
physical, mental, intellectual and sensory disabilities as beneficiaries under the Convention. The
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