D. The Convention's disability concept

The Convention's preamble states that disability is an evolving concept. Nevertheless, it does reflect a social model of disability as it clarifies that disability results from the interaction between persons with impairments and external barriers that hinders their participation in society (preambular para. (e)).

In this perspective, the framework reflected in the Convention is built on the understanding that it is the external environment, and the attitudes that are reflected in its construction, that plays a central role in creating the condition termed “disability.” This contrasts sharply with the medical model of disability, which is instead built on the concept of the “broken body”, with disability being the obvious result of a physical, mental or sensory deficiency of the person.

Because of this approach, the notion of “disability” cannot be rigid but rather depends on the prevailing environment and varies from one society to the next. While the Convention recognizes disability as an evolving concept, it clearly endorses the understanding of it as a social construct, when it states that disability “results from the interaction between persons with impairments and attitudinal and environmental barriers that hinders their full and effective participation in society on an equal basis with others”.

In line with this understanding, the Convention does not provide a closed definition of who persons with disabilities are, but states that they “include” those who have long-term physical, mental, intellectual or sensory impairments which in interaction with various barriers may hinder their full and effective participation in society on an equal basis with others (art. 1, purpose).

Some important elements to consider are:5

The explicit reference to barriers, external to the subject, as constituting factors of disability represents an important step away from notions that equated disability with functional limitations.