A/HRC/10/48
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review has so far resulted in the adoption or amendment of legislation, it is essential to underline
that given the scope of the Convention, this review needs to be comprehensive and extend to
areas of the law that go beyond the traditional scope of disability-related legislation.31 The good
practice of some countries that have reviewed both criminal and civil laws including laws
regulating accessibility, elections, immigration and citizenship, administration of justice,
detention and prisons, insurance, education, employment, health, mental health and compulsory
assessment and treatment, guardianship and legal personality, welfare and pensions regulations,
for example, is noted.32 The participation of civil society organizations and in particular of
organizations of persons with disabilities in such a review is required by the Convention. In
some cases, civil society organizations have specifically highlighted their concern at the lack of
initiative of the State party in the area of legal reform.
E. The content of legislative measures
32. The mandate entrusted to OHCHR by the Human Rights Council in resolution 7/9 focuses
the scope of this study on legal measures such as those related to equality and non-discrimination
for the purpose of enhancing “awareness and understanding of the Convention on the Rights of
Persons with Disabilities”.
33. In all cases, it should be noted that the Convention sets out the obligations on States parties
in relation to civil, cultural, economic, political and social rights. While the Convention does not
recognize any new human right of persons with disabilities, it clarifies the application of existing
rights to the specific situation of persons with disabilities.
34. The following sections treat selected provisions of the Convention in order to highlight
legal measures that might be required in these areas for compliance with the Convention. As it is
not possible to cover all articles comprehensively, they should be taken as illustrative examples
of the reforms required by the Convention. The choice of provisions to address in the context of
this study has been made on the basis of the contributions provided by States, national human
rights institutions, civil society and organizations of persons with disabilities in the course of the
consultations for this study. Where recommendations for legal reform are made, they should be
read in the light of article 4, paragraph 4, of the Convention, which makes it clear that the
Convention does not undermine or replace higher standards of protection that might be provided
for in national legislation.
31
By referring to the traditional scope of disability-related legislation, reference is made to
legislation based on a medical understanding of disability and primarily focusing on areas of
health, prevention of disability, rehabilitation and social welfare.
32
See for example the Treaty National Interest Analysis conducted by Australia, available at:
www.austlii.edu.au/au/other/dfat/nia/2008/18.html; or the one conducted by New Zealand,
available at: http://www.odi.govt.nz/documents/convention/2008-06-24-national-interestanalysis.doc.
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