A/HRC/4/75
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reference to “includes” assures that this need not restrict the application of the Convention and
States parties could also ensure protection to others, for example, persons with short-term
disabilities or who are perceived to be part of such groups.
Principles
25.
Article 3 sets out the general principles of the Convention. The General Principles can be
grouped as follows: respect for inherent dignity, individual autonomy and independence of
persons; non-discrimination, equality of opportunity and equality between men and women;
participation and inclusion; respect for difference and acceptance of human diversity;
accessibility; and, respect for the evolving capacities of children with disabilities and respect for
their right to preserve their identities.
26.
While all the general principles are of equal importance, the present section illustrates
the relevance of three of these, namely: the principle of non-discrimination; the principle of
accessibility; and the principle of participation and inclusion. First, the principle of
non-discrimination is one of the basic principles of international human rights law.
“Discrimination on the basis of disability” is defined in similar, although not exact, terms as
definitions of discrimination found in other human rights treaties2 as follows: “Discrimination
on the basis of disability means any distinction, exclusion or restriction on the basis of disability
which has the purpose or effect 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. It includes all forms of discrimination,
including denial of reasonable accommodation” (art. 2).
27.
The inclusion of the denial of reasonable accommodation as a form of discrimination is
significant. Reasonable accommodation is defined as follows: “‘Reasonable accommodation’
means necessary and appropriate modification and adjustments not imposing a disproportionate
or undue burden, where needed in a particular case, to ensure to persons with disabilities the
enjoyment or exercise on an equal basis with others of all human rights and fundamental
freedoms” (art. 2).
28.
Consequently, individuals with disabilities are able to claim that the State, and through
the State, other actors such as the private sector, have obligations to take steps to accommodate
his or her particular situation, so long as those steps do not impose an overly harsh burden. For
example, if an employee has an accident resulting in a physical disability, whether at or outside
the workplace, which requires the employee to use a wheelchair in the future, the employer now
has a responsibility to provide, for example, ramps, clear corridors, ensure wheelchair accessible
toilets and make other adjustments and modifications so that the persons can continue to work as
an active employee. A failure to make such accommodations would give rise to a cause of
action so that the individual employee could bring a claim to an appropriate judicial or
2
See e.g., International Convention on the Elimination of All Forms of Racial Discrimination,
article 1; Convention on the Elimination of All Forms of Discrimination against Women,
article 1.
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