A/HRC/31/30
provisions in that direction. Lastly, the statement on disability inclusion at the World
Humanitarian Summit adopted by the Committee at its fourteenth session contained a
number of key related recommendations.
9.
Compliance with article 11 of the Convention on the Rights of Persons with
Disabilities requires observation of its other provisions. Article 5, on equality and nondiscrimination, is crucial in informing inclusive policies on emergency situations, including
through the provision of reasonable accommodation. States parties must ensure close
consultation with, and the active involvement of, organizations of persons with disabilities
in the development, implementation and monitoring of emergency-related legislation and
policies (art. 4.3). This could necessitate non-conditional public funding for the
independent, full and effective participation of civil society. 17 States’ duties under article 9,
on accessibility, are indispensable to ensure that persons with disabilities are not excluded
during situations of risk and humanitarian emergency, especially regarding information and
alert mechanisms (see paras. 5 and 7 above). They are also crucial in upholding and
promoting universal design (art. 2), particularly during reconstruction. 18
10.
Article 12 of the Convention, on the right to equal recognition before the law,
upholds the exercise of legal capacity by adults with disabilities and requires the
implementation of supported decision-making, moving away from substituted decisionmaking schemes.19 This right is particularly important in situations of emergency, when
persons with disabilities are required to make key decisions, including on their property,
living arrangements, finance (including financial support) and emergency medical
treatments. This right cannot be subjected to any derogation, including in emergency
situations.20 Article 14 establishes a non-discriminatory approach to the deprivation of
liberty. This includes an absolute ban on the deprivation of liberty based on impairments or
on discriminatory practices in places of detention, such as the use of separate facilities and
the denial of reasonable accommodation.
11.
The provision of health and rehabilitation services, especially support for
psychosocial recovery, must be compliant with articles 25 and 26 of the Convention.
Notably, respect for autonomy, including the right to community-based services and free
and informed consent, should inform good practice. Health facilities should guarantee
support for those in need of such support in decision-making. Medical personnel should
respect the right of every person to accept or refuse medical treatment, including mental
health treatment. In addition, it is important to highlight that prevention of primary
impairments should not be included in disability policies, and that such exclusion should
not undermine budgets associated with the protection of persons with disabilities. 21
12.
According to article 19 (c) of the Convention, services and facilities during
emergency situations and reconstruction processes must be inclusive of and available to
persons with disabilities, and responsive to their needs. In article 28, States recognize the
right of persons with disabilities to an adequate standard of living, on an equal basis with
others. This article should be applied to safeguard access by persons with disabilities to
humanitarian assistance and aid and to post-emergency social protection schemes, including
poverty reduction programmes that take into account disability-related expenses and needs.
Reparations for breaches of international humanitarian law and human rights law should
17
18
19
20
21
See CRPD/C/HRV/CO/1, para. 53.
See CRPD/C/GC/2, para. 36.
See CRPD/C/GC/1.
Ibid., para. 5.
Without prejudice to article 12 of the International Covenant on Economic, Social and Cultural
Rights.
5
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents