A/HRC/4/75
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quasi-judicial body on the ground of discrimination. However, the accommodations that the
employer must undertake are not unlimited; they must only be “reasonable” such that, for
example, a disproportionately expensive accommodation would not be mandatory.
29.
Second, the principle of accessibility is a crucial element in dismantling the barriers that
hinder the effective enjoyment of rights by persons with disabilities. Physical, technological,
information, communication, economic and social accessibility is important to the full
participation of anyone in society. For persons with disabilities, accessibility is particularly
significant, given the many barriers blocking full access. The provision of ramps, sufficiently
large and unblocked corridors and doors, the placement of door handles, the availability of
information in Braille and easy to read formats, the use of sign interpretation/interpreters, the
availability of assistance and support can ensure access to a person with a disability to the
workplace, a place of entertainment, a voting booth, to transport, to a courtroom and so on.
Without accessibility, not only is movement of persons with disabilities restricted, the enjoyment
of other rights is also restricted. Consequently, not only is accessibility a general principle of the
Convention, it is also a stand-alone provision. Article 9 requires States parties to take
appropriate measures to “enable persons with disabilities to live independently and to participate
fully in all aspects of life” by taking appropriate measures to ensure access to the physical
environment, to transportation, to information and communications and to other facilities and
services open or provided to the public in both urban and rural areas.
30.
Third, the principle of participation and inclusion runs throughout the Convention.
Significantly, article 1 of the Convention recognizes that full and effective participation in
society by persons with disabilities is hindered by various barriers in society. Participation in
political and public life is expressly recognized in a dedicated article (art. 29) which guarantees
“to persons with disabilities political rights and the opportunity to enjoy them on an equal basis
with others”. This includes the right to participate directly or through freely chosen
representatives and the encouragement of the formation and participation of persons with
disabilities in non-governmental organizations and associations at the international, national,
regional and local levels. Similarly, the Convention specifically recognizes participation in
cultural life, recreation, leisure and sport in a separate article (art. 30). Participation and
inclusion is also expressly referred to in relation to living independently and being included in
the community (art. 19), inclusive education as an element of the right to education (art. 24) as
well as full inclusion and participation in all aspects of life as the objective of habilitation and
rehabilitation (art. 26). Further, the Convention acknowledges the importance of participation in
processes it establishes, with the requirement that States give due consideration to the
participation of experts with disabilities in the future Committee on the Rights of Persons with
Disabilities that will monitor implementation. The significance of participation and inclusion to
the Convention is summed up by the motto used by civil society organizations during the
negotiations: “nothing about us without us”.
General obligations on States parties
31.
Article 4 of the Convention sets out the General Obligations on States parties with regard
to the rights of persons with disabilities. Specifically, States parties “undertake to ensure and
promote the full realization of all rights and fundamental freedoms for all persons with
disabilities without discrimination of any kind on the basis of disability”. In meeting this general
obligation, the Convention sets out a series of specific actions that States parties must undertake.
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