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

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