A/HRC/34/26 communicational ones. Implementing accessibility measures and providing support help to secure the full enjoyment of rights on an equal basis with others. 14. Substantive equality also requires the exercise of enabling rights, such as equal recognition before the law, which allow for making decisions and entering into contracts. The rights to inclusive education and to work and employment, also supported by Sustainable Development Goals 4 and 8, are key factors in developing overall equality. For example, inclusive education systems enable persons with disabilities to increase their participation. The right to education requires equality measures, such as the provision of accessible learning materials, support and teachers’ training, and is complemented by antidiscrimination measures, such as reasonable accommodation and the prohibition of exclusion from general education, followed by system reform.9 Article 27 on work and employment promotes equality by developing inclusive employment markets, providing for flexible working schedules and support when necessary, and developing the potential of all persons with disabilities. 15. The Convention reinforces equality for women and girls with disabilities, acknowledging that they face more barriers than men and boys, and requires measures for their development, advancement and empowerment.10 The adoption of a twin-track approach to policies, crucial in this regard, consists both of mainstreaming the rights of women and girls with disabilities in general policies, including those on gender equality, and adopting specific policies. For example, States should include women with disabilities in their mainstream sexual and reproductive health policies, and also include specific frameworks when needed “to legally provide for the performance of certain reproductive health services”11 without discrimination. 16. In addition, the Convention has a specific focus on children with disabilities, establishing that States must adopt measures to ensure their exercise of human rights on an equal basis with others. This entails implementing equality measures in all areas, respecting the best interests of the child and their own views on matters affecting them, and providing disability and age-appropriate assistance for this purpose. 17. The non-State sector is important for achieving equality, in particular in such areas as education, employment, health and housing, and the provision of goods and services. States should seek active collaboration with the non-State sector, including by increasing cooperation with chambers of commerce, labour unions, private school federations and religious institutions, among others. The provision of technical assistance, guidelines and information, in particular on reasonable accommodation, accessibility and universal design, is crucial to advance equality and to reduce dependency on legal actions to enforce rights. Joint private–public initiatives are also pivotal to develop more inclusive organizational cultures, markets and services. Specific measures to achieve de facto equality under article 5 (4) of the Convention 18. Specific measures to achieve de facto equality – that is, measures that establish preference over others and that are not considered discrimination – can contribute significantly to achieving substantive equality and combating structural discrimination. States are greatly encouraged to continue to take them when identifying inequalities that 9 10 11 6 Committee on the Rights of Persons with Disabilities, general comment No. 4 (2016) on the right to inclusive education. Committee on the Rights of Persons with Disabilities, general comment No. 3 (2016) on women and girls with disabilities. Committee on the Elimination of Discrimination against Women, general recommendation 24 (1999) on women and health, para. 11.

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