F. What can these actors do to combat discrimination?

Module 4 sets out the range of measures that assist in the implementation of the Convention: developing laws and policies; ensuring allocation of adequate resources; providing inclusive services; raising awareness and training professionals and others; undertaking research and development; providing remedies; and building institutions. When we consider the various examples outlined in the previous section, it is possible to identify some of the actions these actors can take to combat discrimination.

A passenger changes compartment because she feels uncomfortable sitting close to a passenger with Down's syndrome. While the negative attitude of this woman is potentially creating barriers to the participation of the person with Down's syndrome, this is not strictly speaking discrimination. There has been a distinction on the basis of disability, but this has not impaired the enjoyment of any right of the passenger with Down's syndrome. However, the State might consider raising awareness to promote more inclusive societies and to combat fear of persons who are different;

A family keeps a small child with autism at home because there are no inclusive education opportunities at the local school. The failure to provide inclusive education opportunities has the effect of nullifying the right to education of the child. The State has a duty to ensure inclusive education services are available in the area and also to raise awareness about inclusion. The State should also ensure that laws and policies reflect principles of inclusive education. At the same time, the school board and teachers might have responsibilities to ensure that inclusive education is effective and that parents are aware that such services are in place (if indeed they are);

A private bank denies a loan to a person who has a mental impairment. Whether there has been discrimination here is open to question. In reality, the bank may not specify that the refusal is based on disability, but put forward another excuse to justify the refusal. Moreover, there is no human right to a bank loan. However, the State has a duty to legislate to ensure that private banks do not discriminate on the basis of disability. It should also provide support services so that the person can exercise his or her legal capacity. In such cases, the provision of support might be sufficient to prevent such a situation in the first place, as it would underscore the ability of the person to exercise legal capacity and repay the loan;

An employee with cerebral palsy requests a change of position in a large corporation and the employer refuses to accommodate her without giving reasons. Potentially, there has been a denial of reasonable accommodation that would amount to discrimination. The State has a duty to legislate to ensure that the private sector does not deny reasonable accommodation to the person with a disability. The employer must ensure that accommodation is provided unless it is unreasonable (an undue burden);

A person with a physical disability is abused at home and reports it to the police, but the police refuse to take action. There has been an exclusion on the basis of disability by the police which impairs the right to be free from violence and abuse. The State has a duty to pass laws requiring the police to protect persons with disabilities from violence and abuse and to raise awareness and train the police so that persons with disabilities can access justice;

A United Nations humanitarian preparedness plan fails to mention persons with disabilities in a disaster-prone country. This exclusion could impair or nullify the exercise of a range of human rights in the event of a disaster and has already impaired the right to take part in the conduct of public affairs. States, acting internationally, undertake to ensure that international cooperation is accessible to and inclusive of persons with disabilities. This should include the development of policies that require the United Nations to respect the rights of persons with disabilities through international cooperation programmes;

A person with a visual impairment cannot apply for a position of human rights officer because the vacancy requires a driving licence. This could amount to justifiable differential treatment if driving is a key element of the job and a driver's licence is therefore necessary. It is reasonable treatment based on objective criteria (job requirements applied to all applicants) which seeks to respect the right to work of all applicants.

In all these cases, it is also important to think not only what the State should do but what the individual concerned should do. For example, the individual might seek a remedy through courts, national human rights institutions or informal conflict resolution systems, or might seek help from a non-governmental organization or lobby the Government or others directly to take action (writing letters to local parliamentarians for example).