A/HRC/43/41 universal treaty.38 It is included in its preamble, purpose and principles, and is referred to in relation to specific rights such as the right to health. “Inherent dignity” refers to the worth of every person. The recognition of inherent dignity serves as a powerful reminder that persons with disabilities, simply by being human, are equally worthy and deserving of respect.39 It proclaims that persons with disabilities are ends in themselves and not means to the ends of others, challenging societal responses that treat them as objects to be pitied, protected or cured, or value their lives only from a utilitarian standpoint. 42. Individual autonomy and personal independence (art. 3 (a)) are essential values associated with human dignity. Autonomy means to have the freedom to make one’s own choices, independence and to be in charge of one’s own life. Traditionally, both individual autonomy and personal independence were based on ableist assumptions, such as possessing certain mental capacity or not needing assistance to carry out everyday activities. As a result, persons with disabilities were seen as less autonomous and independent than others and even as having no autonomy or independence. However, the human rights model of disability frames autonomy and independence in a way that takes into account the interdependence of human experiences and accepts reliance on others as a fundamental aspect of these values (see A/HRC/34/58). Respect for individual autonomy means that persons with disabilities are recognized as rights holders, capable of making their own decisions, with adequate support if required. Having high support needs cannot justify the denial of autonomy and self-determination. 43. The principles of non-discrimination (art. 3 (b)) and equality of opportunity (art. 3 (e)) are also important for ensuring the respect of the rights of persons with disabilities in medical and scientific practice. Those principles lie at the heart of the Convention and are evoked consistently throughout its text with the formula “on an equal basis with others”. The Convention embraces a model of substantive equality (“inclusive equality”) that seeks to address structural discrimination in addition to direct and indirect discrimination. It further provides for a framework for a positive response to human diversity in order to achieve equality, taking into account power relations and different layers of identity. The principles of equality and non-discrimination entail stopping all forms of discrimination against persons with disabilities, including discrimination by private actors, but also ensuring legal and policy frameworks that enable persons with disabilities to fully participate on an equal basis with others. 44. The principle of respect for difference and the acceptance of persons with disabilities as part of human diversity and humanity (art. 3 (d)) is a unique contribution of the Convention on the Rights of Persons with Disabilities to human rights theory. Respect for difference involves accepting persons with disabilities for who they are, rather than pitying them or seeing them as a problem that needs to be “fixed”. It further implies that impairment is not to be regarded as a deficit or as a factor that can be detrimental to human dignity.40 Accordingly, persons with disabilities are recognized as part of human diversity and must be respected and embraced as such. This premise is fundamental to addressing ethical and policy questions that are triggered by how society perceives and treats impairment. 45. The principle of respect for the evolving capacities of children with disabilities and respect for the right of children with disabilities to preserve their identities (art. 3 (h)) is also relevant for discussions related to medical and scientific concerns. The principle of respect for their evolving capacities affirms that children are rights holders under international law and recognizes the role of children’s agency in decision-making. The recognition of the right to preserve the child’s identity involves the protection of both the static and dynamic attributes of a child’s identity, including, inter alia, their disability. 41 38 39 40 41 Committee on the Rights of Persons with Disabilities, general comment No. 6 (2018) on equality and non-discrimination, para. 6. See Gerard Quinn and Theresia Degener, Human Rights and Disability. The Current Use and Future Potential of United Nations Human Rights Instruments in the Context of Disability (Geneva, United Nations Press, 2002). See Theresia Degener, “Disability in a human rights context”, p. 8. John Tobin and Jonathan Todres, “Article 8. The right to preservation of a child’s identity” in The UN Convention on the Rights of the Child. A Commentary, John Tobin, ed. (Oxford, Oxford University Press, 2019). 11