A/HRC/31/62
effective participation on an equal basis with others. Regrettably, many countries do not
recognize this right or limit its scope to the employment sector.42 However, according to
international human rights law, States have an immediate duty to fulfil the right of
reasonable accommodation, which is not subject to progressive realization and whose
denial constitutes discrimination.43
74.
In most countries, children with disabilities are not provided with disability and ageappropriate assistance to allow them to participate in decision-making processes that may
be relevant in their lives. States should guarantee the right of children with disabilities to
express their views freely on all matters affecting them and give their views due weight in
accordance with their age and maturity, on an equal basis with other children.44
Contributions to the present report illustrate the benefit of implementing disability-inclusive
strategies and guidelines on children’s participation in decision-making.
4.
Accessibility
75.
States must guarantee access to all facilities and procedures related to public
decision-making and consultation. Accessibility is a precondition for persons with
disabilities to fully participate in all aspects of life. Therefore, according to the Convention
on the Rights of Persons with Disabilities, States must take appropriate measures to ensure
that persons with disabilities have access, on an equal basis with others, to the physical
environment, transportation, information and communications (including information
technologies and systems) and other facilities and services open or provided to the public,
in both urban and rural settings.
76.
Without accessible information and communication, a range of persons with
different disabilities cannot effectively participate in law-making and policymaking. This is
particularly the case for persons with sensory and intellectual impairments. Generally,
decision-making bodies and mechanisms neither produce nor disseminate information in
accessible formats (such as easy-to-read), nor do they ensure the availability of sign
language interpretation, guide interpreters for deafblind persons, or captioning during
public debates. States must ensure that the entire public decision-making process is made
accessible, including buildings, information, materials and communication pertaining to
public debates.
77.
New information and communications technologies, particularly the Internet, can
significantly enhance the participation of persons with disabilities in public decisionmaking processes. There is a growing awareness of the role of the Internet in broadening
the concept of “online citizenship”, especially through e-government and e-democracy
initiatives.45 States should increase their efforts to reduce the access gap in the use of the
Internet and other information and communications technologies, while ensuring full
accessibility. Electronic participation should not prevent States from providing other forms
of participation and consultation.
5.
Good faith
78.
States must consult and engage with representative organizations of persons with
disabilities in good faith. This is a basic principle of good governance and international law,
as stated in Article 2 (2) of the Charter of the United Nations. The principle of good faith
42
43
44
45
18
See A/70/297, para. 71.
Ibid.
Convention on the Rights of Persons with Disabilities, art. 7 (3).
See A/HRC/23/50, para. 31.
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