A/HRC/10/48 page 12 1. Definition of disability 35. The Convention addresses the situation of those persons who experience barriers to participation in all areas of life, which are associated with an impairment, and who as a result cannot enjoy their fundamental human rights. By conceiving disability as a social phenomenon, the Convention encompasses persons with a diverse range of impairments (physical, sensory, mental and intellectual) and considers various types of barriers (legal, physical, attitudinal, and others) that persons with such impairments might face in the enjoyment of their human rights. At a minimum, the Convention clarifies that persons with disability shall include “persons 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”.33 36. It is essential to the full and effective implementation of the Convention that definitions of disability in national legislation reflect an understanding of disability as a social phenomenon. This requires the repeal of medically-based definitions construed along types of impairments, or of definitions based on the notion of daily life activities, in which the incapacity to carry out such activities is linked to the impairment. Furthermore, national disability legislation must unequivocally protect all persons with disabilities, including persons with mental and intellectual disabilities. 2. Equality and non-discrimination 37. Equality and non-discrimination are the primary principles permeating the whole Convention. References to equality and non-discrimination are multiple and can be found in various parts of the Convention, including in the preamble,34 purpose,35 general principles36 and general obligations37 of States. Article 5 recognizes the right of all persons to equality before and under the law and the right to equal protection and benefit of the law without any discrimination. Article 5, paragraph 2, establishes the obligation on States parties to prohibit all discrimination on the basis of disability. In accordance with article 2 of the Convention, 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 ... including denial of reasonable accommodation”. Reasonable accommodation is defined in article 2 of the Convention with reference to 33 CRPD, art. 1. 34 CRPD, preambular paras. (a), (b), (c), (e), (f), (h), (p), (r) and (x). 35 CRPD, art. 1. 36 CRPD, art. 3. 37 CRPD, art. 4.