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
- (a) Evolving v. fixed concept. The Convention recognizes that “disability” is an evolving concept resulting from attitudinal and environmental barriers.
Consequently, the notion of “disability” is not rigid and can be adapted to the prevailing environment in a particular society
(the focus will be on the type of attitudinal and environmental barriers present in those societies and ways to overcome them).
- (b) Disability not as a medical problem but as an interaction between an impairment and the surrounding environment. The focus of the Convention is not on disability as a medical problem; for the Convention, persons become disabled when
they clash with an unwelcoming or inaccessible environment. Persons with disabilities do not require to be “fixed” before
accessing an environment (society); it is instead the environment that needs to be uniformly open to all its members. It does
so by dismantling attitudinal and environmental barriers so that everyone can actively participate and enjoy the full range
of rights.
- (c) The Convention includes all disabilities. The Convention does not restrict coverage to particular persons; rather, it identifies persons with long-term physical,
mental, intellectual and sensory disabilities as its beneficiaries. The reference to “include” in article 1 could therefore
extend the application of the Convention to all persons with disabilities, e.g., those with short-term disabilities or persons
who are perceived to be part of such groups.
- (d) Categorizing barriers rather than human beings. Categorizing a person can be the first step towards excluding that person and violating his or her inherent dignity. The
Convention does not preclude the use of definitions in national legislation; definitions might be particularly necessary in
some sectors, such as employment or social security. What is important is that definitions informing policies and laws reflect
the social model of disability where the challenge facing a person with a disability is measured in terms of the existing
barriers and not on the category or percentage of the impairment.
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.