Committee on the Rights of Persons with Disabilities

During its 17th session (20 March- 12 April) 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 drafting process was preceded by a day of general discussion on 25 August 2017 during its 18th session in Geneva, Switzerland. The Committee also decided to make a call for submissions to all interested stakeholders.

Although equality and non-discrimination are principles of international law, disability-based discrimination continues to exist. The UNCRPD advances equality of persons with disabilities and requires the transformation of existing social structures, systems and perceptions that perpetuate the discrimination of persons with disabilities. Article 5 of the UNCRPD, the right to equality and non-discrimination, addresses this issue by calling for the elimination of discriminatory laws, policies and as well as the development of proactive policies for achieving equality for persons with disabilities. It also brings about several innovations that take the notions of equality and non-discrimination forward in the field of international human rights law.

Dialogues of the Committee with States parties have shown that there is a need for clarification regarding the limits, processes and duties relating to the provision of reasonable accommodation. Moreover, disability-based discrimination often remains unidentified, is attributed as beneficial treatment, or as being undertaken in the best interest of persons with disabilities and therefore not in line with the human rights model of disability. The Committee also finds it necessary to highlight that research on intersectional discrimination often overlooks the category of disability and that there is a need for advancing disability equality indicators.

Documentation

• Outline of the draft general comment on Article 5
• DGD Programme of work
• IDA GANHRI FRA side-event

Presentations by invited Speakers of the DGD

• Agustina Palacios, CONICET, Argentina “Support systems in the context of accessibility and reasonable accommodation” – WORD | PPT
• Ambassador Ulrich Seidenberger, Federal Republic of Germany, Opening remarks
• Amita Dhanda, Nalsar University, India “In a Class of my own”
• Andrea Parra, CREA, India “How does intersectional discrimination look like on the ground?”
• Anna Lawson, University of Leeds, UK, Speaking notes
• Carlos Ríos Espinosa, Human Rights Watch “Application of the principle of equality and non–discrimination to some obligations”
• Dalia Leinarte, chair of the CEDAW Committee - PRESENTATION / BULLET POINTS
• Dalile Antúnez, ACIJ, Speaking notes
• Ekaete Judith Umoh, ADF and IDA
• Eric Carlson, ILO “World of Work Perspectives”
• Facundo Chavez Penillas, Human Rights & Disability Advisor, OHCHR, Speaking notes
• Gianni Magazzeni, Human Rights Council and Treaty Mechanisms Division, OHCHR, Speaking notes
• Jonas Ruskus, CRPD member, Speaking notes
• Ikponwosa Ero, The UN Independent Expert on Enjoyment of Human Rights by Persons with Albinism, Speaking notes
• Lisa Waddington, EDF Chair in European Disability Law ”A Denial of a Reasonable Accommodation”
• Maria Cisternas, Mensaje
• Seree Nonthasoot, ASEAN, Thailand “Distinguishing Reasonable Accommodation, Special Measures and Obligations under Accessibility”– PPT / PDF
• Silvia Quan IDA, Closing statement
• Virginia Bras-Gomes, chair of the CESCR Committee “Disability as a ground for discrimination in the enjoyment of economic, social and cultural rights”
• Yetnebersh Nigussie, Light for the World International “Pitfalls of discrimination”

Inputs received

• AGE Platform Europe
• Andrea Broderick and Lisa Waddington of Maastricht University
• Belgian Disability Forum
• Centre for Disability Law and Policy (CDLP) at the National University of Ireland, Galway
• Center for the Human Rights of Users and Survivors of Psychiatry (CHRUSP)
• Child Rights International Network (CRIN)
• Defensoría del Pueblo de Colombia
• Defensoría del Pueblo del Ecuador
• Disability Research Initiative at the University of Melbourne
• Equal Rights Trust
• Equinet
• EU Agency for Fundamental Rights (FRA)
• European Disability Forum (EDF)
• Gerald L. Neuman of Harvard Law School
• Government of Serbia
• Government of Spain
• Government of Turkey
• International Disability Alliance (IDA)
• International Lesbian, Gay, Trans and Intersex Association (ILGA) in consultation with Transgender Europe (TGEU), InterACT: Advocates for Intersex Youth, ARC International and the Russian LGBT Network
• New Zealand Human Rights Commission
• Ricardo Bolaños Salazar
• Royal College of Speech and Language Therapists (UK)
• Unia (Interfederal Centre for Equal Opportunities), Belgium
• World Blind Union
• World Federation of the Deaf