D. “Disability” and “persons with disabilities”

The Convention does not provide a closed definition of disability. Its preamble states that disability is an evolving concept. Nevertheless, the Convention 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.

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:6

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.

For example, the United Nations Standard Rules on the Equalization of Opportunities for Persons with Disabilities define disability as the “different functional limitations occurring in any population in any country of the world. People may be disabled by physical, intellectual or sensory impairment, medical conditions or mental illness”. The Convention upgrades this approach.

The Convention does not deny the existence of physical, mental, intellectual or sensory impairments (art. 1); what it rejects is an approach which limits or deprives persons with disabilities from fully participating in society because of such impairments.

The impairment (limit or restriction) has instead to be found in the various barriers, which might include physical barriers, but also attitudes leading to discriminatory legislation and policies. Ignorance about disability can be deleterious and that is why wide awareness-raising is one of the main goals of the Convention.

The Convention identifies two categories of persons with disabilities who might be particularly vulnerable to discrimination and abuse of rights: women with disabilities and children with disabilities (arts. 6 and 7).

Women with disabilities

The Convention recognizes that women with disabilities often face multiple forms of discrimination on the basis not only of disability but also of sex (art. 6). Consequently, specific attention might be needed to develop programmes taking into account gender aspects as well as the rights of persons with disabilities, e.g., to boost the percentage of girls or women with disabilities enrolled in the school system in view of their right to education.

One area where women and girls are vulnerable is gender-based violence. The United Nations Population Fund (UNFPA) estimates that persons with disabilities are up to three times more susceptible to physical and sexual abuse and rape. Women and children with disabilities are more likely to be victims of violence than their male counterparts.7

The Convention on the Elimination of All Forms of Discrimination against Women is the specialized human rights treaty on women's rights. It can be read together with the Convention on the Rights of Persons with Disabilities to understand more fully the responsibilities of States to prevent discrimination and promote equality for women with disabilities.

Children with disabilities

Disability itself cuts across all aspects of a child's life and can have very different implications at different stages in life. It is very important to ensure that the rights of children with disabilities are taken into account in laws, policies, programmes and other interventions in a way that no child is left out.

Article 7 of the Convention on the Rights of Persons with Disabilities requires State parties to take all necessary measures to ensure the full enjoyment by children with disabilities of all human rights and fundamental freedoms on an equal basis with other children. It borrows the term “the best interests of the child” from the Convention on the Rights of the Child and requires that this be a primary consideration in all actions concerning children with disabilities.

The Committee on the Rights of the Child's general comment No. 9 (2006) on the rights of children with disabilities provides comprehensive guidance on the rights of children with disabilities in the context of the Convention on the Rights of the Child. Adopted at the time of negotiations on the Convention on the Rights of Persons with Disabilities, its guidance is relevant to article 7.

Others

Other persons with disabilities might also be subject to multiple forms of discrimination, such as indigenous persons with disabilities or older persons with disabilities.