E. Who is responsible?

When discrimination on the basis of disability occurs, who is actually perpetrating it? And who is responsible?

Here are some examples:

Considering the examples above, who, if anyone, is responsible? The passenger, the family, the bank, management, the human resources section? When it comes to discrimination, different layers of responsibility emerge, but the State is the primary duty-bearer.

States

Both States and regional integration organizations, which are made up of sovereign States, can sign up to the Convention. The Convention lays down specific obligations on State parties to protect, promote and ensure the rights of persons with disabilities.

Moreover, under article 32, States commit to undertaking appropriate and effective measures of international cooperation in support of national efforts for the realization of the Convention. While States have primary responsibility for implementing the rights of persons with disabilities in their jurisdiction, they also have to cooperate with other States. This highlights their extraterritorial responsibilities to promote, protect and ensure the rights of persons with disabilities.

International and regional organizations

This, in turn, raises the question of the responsibility of international and regional organizations, such as the United Nations, the World Bank, the Council of Europe and so on. Article 32 refers to them as partners in international cooperation. Similarly, the specialized agencies and other United Nations organs are entitled to be represented before the Committee on the Rights of Persons with Disabilities. This clearly shows that they have a role in international cooperation to promote the Convention. However, international organizations might themselves discriminate. While their member States are ultimately responsible for avoiding such discrimination, these organizations also have a role to play to support the Convention, even if this role is not clearly defined.

Private enterprises

Rights can be violated through the direct action or omission by State parties, including their national and local institutions or agencies. However, while States are the main duty-bearers under the Convention, those implementing many of its provisions are not State actors but private enterprises. The private sector plays a very important role in the delivery of relevant services (e.g., education, sign translation, mobile telephones with voice-over systems).

According to article 4, State parties must ensure that the private sector respects the rights of persons with disabilities. Consequently, States must ensure that appropriate mechanisms are in place to monitor the private sector and that State policies related to, for instance, education, employment and health integrate the principle of non-discrimination and are adopted by private providers.

Service providers

The Convention also refers to specific services such as support for decision-making (art. 12), personal assistance for independent living (art. 19), teachers (art. 24), health professionals (art. 25). Service providers have an important role in providing the conditions needed by persons with disabilities to fully enjoy their human rights. At the same time, service providers themselves might discriminate against persons with disabilities—intentionally or otherwise. Thus, the State must also take steps to ensure that service providers are aware of and support the Convention, for example, by taking appropriate measures to employ teachers, including teachers with disabilities, who are qualified in sign language and/or Braille and to train professionals and staff who work at all levels of education.

Individuals and families

Article 4 also requires States to take steps to eliminate discrimination by any person. This includes ensuring adequate penalties and other judicial measures to protect against discrimination. It also requires “rais[ing] awareness throughout society, including at the family level, regarding persons with disabilities, and to foster respect for the rights and dignity of persons with disabilities”, as set out in article 8.