Committee on the Rights of Persons with Disabilities

Background

During its 17th session (20 March - 12 April 2017) the Committee decided to start the drafting process of its general comment No. 6 on the right of persons with disabilities to equality and non-discrimination.

The Committee held a day of general discussion on 25 August 2017 during its 18th session in Geneva, Switzerland and a related call for submissions to all interested stakeholders. At the end of its 18th session, the Committee issued its first draft for consultation with the wider public, available in English and Spanish versions.

The general comment was adopted by the Committee at its 19th session in 2018.

Summary

Although equality and non-discrimination are principles of international law, disability-based discrimination continues to exist. The aim of this general comment is to clarify the obligations of States parties regarding non-discrimination and equality as enshrined in article 5 of the Convention on the Rights of Persons with Disabilities.

The Committee is concerned that the laws and policies of States parties still approach disability through charity and/or medical models, despite the incompatibility of those models with the Convention. The persistent use of such paradigms fails to acknowledge persons with disabilities as full subjects of rights and as rights holders. In addition, the Committee notes that the efforts by States parties to overcome attitudinal barriers to disability have been insufficient.

The broadening of anti-discrimination laws and human rights frameworks has led to extended protection of the rights of persons with disabilities in many States parties. Nevertheless, laws and regulatory frameworks often remain imperfect and incomplete or ineffective, or reflect an inadequate understanding of the human rights model of disability.