G. Disability as prohibited grounds of discrimination in other human rights treaties

The Universal Declaration of Human Rights, the International Covenant on Economic, Social and Cultural Rights and the International Covenant on Civil and Political Rights, all protect individuals from discrimination. Discrimination on the basis of disability is covered in their articles 2 under “other status”:

Everyone is entitled to all the rights and freedoms set forth in this Declaration, without distinction of any kind, such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status (Universal Declaration)

The States Parties to the present Covenant undertake to guarantee that the rights enunciated in the present Covenant will be exercised without discrimination of any kind as to race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status (International Covenant on Economic, Social and Cultural Rights)

The International Convention on the Elimination of All Forms of Racial Discrimination, the Convention on the Elimination of All Forms of Discrimination against Women, the Convention on the Rights of the Child, the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families also set out States' obligations to combat and eliminate discrimination. Of these, only the Convention on the Rights of the Child explicitly mentions “disability” among the prohibited grounds of discrimination:

States Parties shall respect and ensure the rights set forth in the present Convention to each child within their jurisdiction without discrimination of any kind, irrespective of the child's or his or her parent's or legal guardian's race, colour, sex, language, religion, political or other opinion, national, ethnic or social origin, property, disability, birth or other status. (art. 2)

The Committee on Economic, Social and Cultural Rights, in its general comment No. 20 (2009), explained that “other status” covered among other things:

Its general comment No. 5 (1994) provides a definition of discrimination against persons with disabilities. The Committee against Torture includes “mental or other disability” among the grounds for discrimination in its general comment No. 2 (2007). The Committee on the Elimination of Discrimination against Women, in its general recommendation No. 18 (1991), points out the problem of “double discrimination” affecting women with disabilities. In the preamble to the Convention on the Rights of Persons with Disabilities it is recognized that “children with disabilities should have full enjoyment of all human rights and fundamental freedoms on an equal basis with other children” and recalled that “obligations to that end undertaken by States Parties to the Convention on the Rights of the Child”.

The International Labour Organization's Convention No. 159 (1983) concerning Vocational Rehabilitation and Employment (Disabled Persons) addresses equal opportunity, equal treatment and non-discrimination. The United Nations Educational, Scientific and Cultural Organization's Convention against Discrimination in Education also deserves attention, particularly if complemented with the principles of inclusive education adopted at the 1994 World Conference on Special Needs Education: Access and Quality.

Some relevant regional instruments are the Inter-American Convention on the Elimination of All Forms of Discrimination against Persons with Disabilities of the Organization of American States, the Council of Europe's Convention on the Recognition of Qualifications concerning Higher Education in the European Region and its Action Plan to promote the rights and full participation of people with disabilities in society: improving the quality of life of people with disabilities in Europe (2006–2015).

The Convention on the Rights of Persons with Disabilities is a new tool to make the fight against discrimination on the basis of disability more informed and determined. If a specific State has not yet ratified the treaty, it still has obligations to prohibit discrimination against persons with disabilities under other human rights treaties that it has ratified.