PART 2:
THE CONVENTION ON THE RIGHTS
OF PERSONS WITH DISABILITIES
Chapter 1:
Equality and Non-Discrimination
Convention on the Rights of Persons with Disabilities
Article 5, Equality and non-discrimination
1. States Parties recognize that all persons are equal before and under the law and are entitled without any discrimination to the equal protection and equal benefit of the law.
2. States Parties shall prohibit all discrimination on the basis of disability and guarantee to persons with disabilities equal and effective legal protection against discrimination on all grounds.
3. In order to promote equality and eliminate discrimination, States Parties shall take all appropriate steps to ensure that reasonable accommodation is provided.
4. Specific measures which are necessary to accelerate or achieve de facto equality of persons with disabilities shall not be considered discrimination under the terms of the present Convention.
Article 2, Definitions (excerpts)
“Discrimination on the basis of disability” means any distinction, exclusion or restriction on the basis of disability which has the purpose or effect of impairing or nullifying the recognition, enjoyment or exercise, on an equal basis with others, of all human rights and fundamental freedoms in the political, economic, social, cultural, civil or any other field. It includes all forms of discrimination, including denial of reasonable accommodation.
Article 3, General principles
The principles of the present Convention shall be:
a) Respect for inherent dignity, individual autonomy including the freedom to make one’s own choices, and independence of persons.
b) Non-discrimination.
c) Full and effective participation and inclusion in society.
d) Respect for difference and acceptance of persons with disabilities as part of human diversity and humanity.
e) Equality of opportunity.
f) Accessibility.
g) Equality between men and women.
h) Respect for the evolving capacities of children with disabilities and respect for the right of children with disabilities to preserve their identities.
OBJECTIVES
The information contained in this chapter will enable participants to work towards the following objectives:
· Define the right to equality and non-discrimination;
· Explain the importance of the right to equality and non-discrimination for persons with disabilities;
· Understand the interrelationship between equality and non-discrimination and other human rights;
· Identify ways in which the right to equality and non-discrimination of persons with disabilities has been promoted or denied; and
· Understand the provisions related to equality and non-discrimination in the Convention on the Rights of Persons with Disabilities (CRPD).
GETTING STARTED:THINKING ABOUT EQUALITY AND NON-DISCRIMINATION
The terms equality and non-discrimination address some of the most fundamental concepts in human rights, yet many persons use them without thinking about what they really mean. Understanding equality and non-discrimination is essential if these concepts are to be used effectively in human rights advocacy. Moreover, it is important to understand how equality and non-discrimination operate within the context of disability.
Equality
In its simplest sense, the word equality may be defined as meaning “the same as,” “equivalent,” “matching,” or “identical.” When applied to persons, however, the term is not intended to mean that all persons are identical or exact copies of each other, for that is clearly not the case! In a human rights context, equality is used to mean that we are all the same in one fundamental way: regardless of our differences, we all possess inherent worth. We are all equally entitled to human rights simply because we are human and the qualities that make us unique and different do not make us superior or inferior in regard to rights. When put into practice, the principle of equality therefore requires every individual and the societies in which they live to value and accommodate human difference, including difference based on disability.
A number of different approaches can be taken when thinking about and applying the principle of equality. The first is often referred to as formal equality, and can occur when laws or policies call for different groups of persons to be treated the same, perhaps by prohibiting discrimination against a group. Although such an approach seems logical and certainly has an important role to play, it is not enough by itself to ensure that persons with disabilities or other groups can enjoy true equality. Additional steps may need to be taken in order to account for the different circumstances that persons with disabilities face and to address the artificial barriers to their inclusion that have been created by society. For example, calling for persons with disabilities to be treated in the same way as other persons will not be effective in removing physical, informational, communication, and attitudinal barriers, nor will it help individuals who need differential treatment in the form of specific disability accommodations.
Another approach to equality is what is often referred to as equality of opportunity. This approach recognizes that persons may face limitations in their lives resulting from factors and circumstances entirely outside of their control, such as their race, gender, disability, or social status. These factors alone, and in combination with attitudinal and other barriers, can make it impossible for persons with disabilities to live as they wish and contribute to society as they might want. Ensuring equality of opportunity therefore requires specific actions to be taken to move beyond formal equality and ensure that persons with disabilities can enjoy the same opportunities as other persons. Such actions might include ensuring accessibility of transportation, combating stereotypes and attitudes that lead to discrimination against persons with disabilities, and providing reasonable accommodations in educational, employment, and other contexts.
The third approach can be referred to as “de facto equality,” “substantive equality,” or “equality in fact.” This approach seeks to ensure equality of results and not simply equality of opportunity, because declaring that persons are “equal” is not usually enough to make them so. In other words, de facto equality sees each person as equally entitled to full enjoyment of their human rights regardless of their actual contributions or capacity to contribute to society.
Although a properly implemented “equality of opportunity approach” is typically sufficient to ensure that most persons with disabilities are able to enjoy their human rights as they wish, an additional commitment by the State to de facto equality can be of great assistance in ensuring enjoyment of human rights by persons with disabilities. For example, ensuring that persons with disabilities are not discriminated against by employers may not be enough to ensure that persons with disabilities enjoy the right to work if at the same time they are not otherwise qualified for the jobs for which they apply. Thus, to ensure de facto equality in employment settings, it may be necessary for States to provide specific measures such as training opportunities for persons with disabilities so that they can more readily compete against other job applicants.
Non-discrimination
It is perhaps easier to start thinking about what non-discrimination means by first considering the meaning of discrimination. In its most basic sense to discriminate means “to distinguish,” “to differentiate,” or “to treat differently,” and is neither positive nor negative in tone. However, the term takes on a more negative meaning when used to describe how persons treat each other. To say that somebody has been “discriminated against” typically means that they have not only been treated differently but also unfairly. This unfair treatment could be blatant, such as a law expressly discriminating against persons with disabilities, or it could occur in a more subtle manner, such as where a rule is neutral but acts to adversely affect persons with disabilities. Such subtle forms of discrimination can be particularly insidious because persons may believe that the lack of blatant or overt discrimination makes rules or laws fair, even though their effects are damaging.
These two types of discrimination are sometimes referred to as “direct discrimination” and “indirect discrimination,” though the labels are less important than the damage caused by such discrimination and the actions needed to counter it. As will be discussed later, international human rights law prohibits all such discrimination when it is on specific grounds, such as disability, race, sex, national origin, and other specified bases. The principle of non-discrimination therefore encompasses the commitment not to engage in such forms of discrimination and to take steps to counter more subtle and indirect forms of discrimination. States must also ensure that they address issues of discrimination regardless of whether the discrimination occurs just between individuals or in a more systemic way, such as through legislation, policies, and regulations.
Direct and Indirect Forms of Disability Discrimination
Direct Discrimination
Direct discrimination happens when someone is treated less favourably than someone else because of that individual’s disability. For example, it would be direct discrimination if persons with disabilities were excluded from voting on the basis of their disability. It would also be direct discrimination if persons who are wheelchair users are excluded from attending a sporting event on the basis that they would put others at risk during an emergency evacuation.
Indirect Discrimination
Indirect discrimination happens when a working condition or rule disadvantages one group of persons more than another. For example, holding a job interview in the second floor of a building with no elevator puts wheelchair users at a disadvantage and holding telephone job interviews puts persons who are deaf at a disadvantage unless accommodations are made. Providing voting information on an inaccessible website puts persons with visual impairments at a disadvantage. Indirect discrimination is unlawful, whether or not it is done intentionally.
Source: Adapted from United Kingdom Government webpage, “Direct Gov, Discrimination in the Workplace”: http://www.direct.gov.uk/en/Employment/ResolvingWorkplaceDisputes/DiscriminationAtWork/DG_10026557
Perhaps one of the most potentially confusing aspects of non-discrimination is that it does not always prohibit States from treating persons differently. The historic and long-term discrimination against persons with disabilities as a group has led to severe inequality and disadvantage. In order for this situation to be reversed, States may need to undertake positive measures in order to redress long-standing inequality. Such actions are known in different countries and contexts as specific measures, affirmative action, fair discrimination, reverse discrimination, or positive discrimination. The objective of these actions is to achieve equality, and they often do so by treating persons with disabilities in a way that accords them some comparative advantage. For example, allocating a certain number of parliamentary seats to persons with disabilities is an illustration of positive discrimination. Requirements that a certain percentage of jobs be allocated to persons with disabilities is another example, as is setting aside a certain amount of government contracting to service-disabled, veteran-owned small businesses. The need for workplace disability accommodations may also lead to employees with disabilities receiving specific treatment that differs from that of other employees. Although such actions effectively treat persons differently, they are not considered “discrimination,” because the goal is to overcome disadvantages, achieve equality, and promote rather than violate enjoyment of human rights. As noted previously, the failure to provide for reasonable accommodation is considered a form of disability-based discrimination prohibited under the CRPD and numerous national disability anti-discrimination laws.
The Interrelationship of Rights
The principles of equality and non-discrimination not only interact with each other, they are also fundamentally indivisible, interdependent and interrelated with all other human rights. For example, if a State passed a law denying persons with disabilities the right to work, this would not only constitute a violation of the right to work, but it would also represent an explicit form of discrimination and a violation of equality. Indeed, it is not truly possible to say that any human right has been fully enjoyed if equality or non-discrimination have been denied. For this reason, some persons would say that full enjoyment of human rights by persons with disabilities necessarily occurs through implementation of the principles of equality and non-discrimination, together with access to specific rights. For example, it is not enough to say that persons with disabilities should not be discriminated against in enjoying the right to education if no educational services are provided. Similarly, it is not enough for the State to provide educational services if persons with disabilities face discrimination when using them. Thus, States are required to address both equality and non-discrimination and also access to human rights, in order for persons with disabilities to truly enjoy their human rights in a manner that is inclusive and respectful of human dignity.
Approaches to Equality, Non-discrimination, and Disability in National Constitutions
Recognizing and respecting the importance of these fundamental principles, many national constitutions contain specific references to the obligation of the State to respect and uphold the principles of equality and non-discrimination. Increasingly, constitutional documents also contain references to disability as a prohibited ground of discrimination. The following represent some examples of such provisions from different countries (Bold typeface has been added to references to “disability”):
Constitution of Fiji
Section 38, Equality1. Every person has the right to equality before the law.
2. A person must not be unfairly discriminated against, directly or indirectly, on the ground of his or her:(a) actual or supposed personal characteristics of circumstances, including race, ethnic origin, colour, place of origin, gender, sexual orientation, birth, primary language, economic status, age or disability; or
(b) opinions or beliefs, except to the extent that those opinions or beliefs involve harm to others or the diminution of the rights or freedoms of others; or on any other ground prohibited by this Constitution.
Constitution of South Africa
Chapter 2, Bill of Rights, 9. Equality1. Right to equal protection and benefit of the law.
2. Equality includes the full and equal enjoyment of all rights and freedoms. To promote the achievement of equality, legislative and other measures designed to protect or advance persons, or categories of persons, disadvantaged by unfair discrimination may be taken.
3. The state may not unfairly discriminate directly or indirectly against anyone on one or more grounds, including race, gender, sex, pregnancy, marital status, ethnic or social origin, colour, sexual orientation, age, disability, religion, conscience, belief, culture, language and birth.
4. No person may unfairly discriminate directly or indirectly against anyone on one or more grounds in terms of subsection (3). National legislation must be enacted to prevent or prohibit unfair discrimination.
5. Discrimination on one or more of the grounds listed in subsection (3) is unfair unless it is established that the discrimination is fair.
Constitution of Uganda
Equality and Freedom from Discrimination.21. (1) All persons are equal before and under the law in all spheres of political, economic, social and cultural life and in every other respect and shall enjoy equal protection of the law.
(2) Without prejudice to clause (1) of this article, a person shall not be discriminated against on the ground of sex, race, colour, ethnic origin, tribe, birth, creed or religion, or social or economic standing, political opinion or disability.
(3) For the purposes of this article, “discriminate” means to give different treatment to different persons attributable only or mainly to their respective descriptions by sex, race, colour, ethnic origin, tribe, birth, creed or religion, or social or economic standing, political opinion or disability.
(4) Nothing in this article shall prevent Parliament from enacting laws that are necessary for-implementing policies and programmes aimed at redressing social, economic or educational or other imbalance in society; or
making such provision as is required or authorised to be made under this Constitution; or
providing for any matter acceptable and demonstrably justified in a free and democratic society.(5) Nothing shall be taken to be inconsistent with this article which is allowed to be done under any provision of this Constitution.
REASONABLE ACCOMMODATION AND NON-DISCRIMINATION
The CRPD provides that the failure to provide reasonable accommodation constitutes discrimination. The duty to provide reasonable accommodation requires duty-bearers (for example, employers, educators, providers of goods and services, and public authorities) to take reasonable steps to adjust their policies, practices, and facilities or premises in order to remove disabling barriers. National disability legislation should specify that the denial of reasonable accommodation amounts to discrimination. In other words, there is an express duty to provide reasonable accommodation in order to realize equality.
The only limitation on the obligation to provide “reasonable accommodation” is that no such change or modification is required if it would cause a “disproportionate burden” or "“undue hardship.” Disproportionate burden and undue hardships should be based on a case-by-case assessment of current circumstances that demonstrate that a specific reasonable accommodation would cause significant difficulty or expense. Various factors are relevant, including, but not limited to, the nature and cost of the accommodation needed, the overall financial resources of the facility making the reasonable accommodation, and the effect on expenses and resources of the facility.
The CRPD sets forth a definition of reasonable accommodation comprised of the following key duties:
· Identifying barriers that impact the enjoyment of human rights for persons with disabilities;
· Removing barriers;
· Making modifications or adjustments that are necessary and appropriate;
· Making modifications or adjustments that do not impose a disproportionate or undue burden;
· Responding to the specific, individual circumstances of the person with a disability;
· Finding solutions to address barriers that are appropriate to the individual with a disability;
· Recognizing that some accommodations may entail cost-free changes to standard practices while others may require resources to be spent on supports, equipment, or modifications; and
· Understanding that such accommodations apply to ensuring the enjoyment of all human rights.
Reasonable Accommodation in Law and Practice
Americans with Disabilities Act (ADA)
Title 1 of the ADA defines “reasonable accommodation” as follows in relation to employment:
(A) Making existing facilities used by employees readily accessible to and usable by individuals with disabilities; and
(B) Job restructuring, part-time or modified work schedules, reassignment to a vacant position, acquisition or modification of equipment or devices, appropriate adjustment or modifications of examinations, training materials or policies, the provision of qualified readers or interpreters, and other similar accommodations for individuals with disabilities.
Title 3 of the ADA defines “reasonable modification” as follows in relation to the obligation to ensure that persons are not discriminated against on the basis of disability in the full and equal enjoyment of the goods, services, facilities, privileges, advantages, or accommodations of any place of public accommodation by any person who owns, leases (or leases to), or operates a place of public accommodation:
… a failure to make reasonable modifications in policies, practices, or procedures, when such modifications are necessary to afford such goods, services, facilities, privileges, advantages, or accommodations to individuals with disabilities, unless the entity can demonstrate that making such modifications would fundamentally alter the nature of such goods, services, facilities, privileges, advantages, or accommodations[.]
European Union (EU) Framework Employment Directive
Article 5 of the EU Framework Directive imposes a duty on Member States of the European Union to require employers to provide reasonable accommodations to persons with disabilities. In particular, Article 5 requires employers to take reasonable steps to provide “appropriate measures, where needed in a particular case, to enable a person with a disability to have access to, participate in, or advance in employment, or to undergo training, unless such measures would impose a disproportionate burden on an employer.”
Philippines, Magna Carta for Disabled Persons
Reasonable accommodation in the context of employment under the legislation includes: “(1) improvement of existing facilities used by employees in order to render these readily accessible to and usable by disabled persons; and (2) modification of work schedules, reassignment to a vacant position, acquisition or modification of equipment or devices, appropriate adjustments or modifications of examinations, training materials or company policies, rules and regulations, the provision of auxiliary aids and services, and other similar accommodations for disabled persons.”
WHAT DOES HUMAN RIGHTS LAW SAY ABOUT EQUALITY AND NON-DISCRIMINATION?
Numerous provisions addressing equality and non-discrimination are found throughout international human rights law instruments, reflecting the importance of these principles to the enjoyment of human rights. Indeed, the Preamble of the Universal Declaration of Human Rights (UDHR) refers to the “equal rights of men and women,” and Article 1 begins by saying that: “All human beings are born free and equal in dignity and rights.” Article 2 of the UDHR then goes on to list the grounds upon which no “distinction” or discrimination is permitted, including “race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status.” Article 7 addresses equality before the law and equal protection of the law: in other words, the right of everyone to have the law fairly applied without discrimination. Further references to equality are found throughout the rest of the UDHR in the context of specific rights, such as the equal rights of men and women regarding marriage.
The basic provisions found in the UDHR are reflected again in the International Covenant on Economic, Social and Cultural Rights (ICESCR) and the International Covenant on Civil and Political Rights (ICCPR). Both the ICESCR and ICCPR contain articles ensuring the equal rights of men and women (Article 3 in each Covenant) and prohibitions of discrimination (Article 2 in each Covenant) on the same grounds as those listed in the UDHR. Article 26 of the ICCPR addresses the issue of equality before the law and equal protection of the law.
Similar provisions are reflected in other international human rights treaties. For example, Article 2 of the Convention on the Rights of the Child (CRC) expressly prohibits discrimination on a number of bases, including disability, regardless of whether it is the child or parent who is disabled. In some cases, the overall purpose of the treaties is to combat specific types of discrimination. For example, the express intent of the International Convention on the Elimination of All Forms of Racial Discrimination (CERD), and the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) is to combat discrimination on the basis of race and against women respectively.
Equality and Non-discrimination in the CRPD
The CRPD contains three articles of particular relevance to the principles of equality and non-discrimination: Articles 2, 3, and 5. Although it does not elaborate on the concepts, Article 3, General principles, clearly establishes equality and non-discrimination as two of the most important principles of the Convention. Along with other principles, such as respect for difference and autonomy, equality and non-discrimination should be applied to the interpretation and implementation of all other substantive articles in the CRPD.
Article 5 addresses equality and non-discrimination in more detail, specifying that States must recognize the equality of persons with disabilities before the law and their equal protection by and benefit from the law. Article 5 also bans discrimination on the basis of disability and obligates States to guarantee “equal and effective legal protection against discrimination on all grounds.” Although the additional grounds on which persons with disabilities should not be discriminated against are not itemized in Article 5, they appear in paragraph (p) of the Preamble of the CRPD, which lists them as:
… race, colour, sex, language, religion, political or other opinion, national, ethnic, indigenous or social origin, property, birth, age or other status.
Though the list of prohibited grounds is similar to that included in the ICESCR, ICCPR, and other international human rights instruments, it is broader than some in that it also references “ethnic origin,” “indigenous origin,” and “age” as grounds upon which persons with disabilities should not be discriminated.
Article 5 represents the first time that an international human rights convention expressly bars discrimination on the basis of disability. That is not to say that disability-based discrimination is permitted under the prior human rights conventions simply because disability is not specifically included in their lists of prohibited grounds. Arguably, the references in the ICESCR, ICCPR, and other treaties to “other status” preclude discrimination on the basis of disability. However, Article 5 of the CRPD leaves no question that discrimination on the basis of disability is prohibited, though Article 5 does not define this term.
Instead, this definition is provided in Article 2, where other definitions (including “reasonable accommodation”) are also elaborated. Article 2 indicates that “discrimination on the basis of disability” means any “distinction, exclusion or restriction on the basis of disability” that has the “purpose or effect of” damaging or denying the enjoyment or exercise of human rights by persons with disabilities. It also specifies that the failure to provide reasonable accommodation is itself a form of discrimination.
Equality and Non-Discrimination as a Cross-Cutting Issue
The CRPD prohibits disability discrimination against someone with a disability in a wide range of life activities, including, but not limited to:
· Employment. For example, when someone is trying to get a job, equal pay, or promotion.
· Education. For example, when enrolling in a school, college, or university.
· Access to premises used by the public. For example, using libraries, places of worship, government offices and courts, hospitals, restaurants, shops, cinemas, community centres, or other premises used by the public.
· Provision of goods, services and facilities. For example, when a person wants goods or services from shops, cafes, places of entertainment, banks, law offices, government offices, and medical clinics, among others.
· Accommodation. For example, when renting or trying to rent a room in an apartment, boarding house, condominium unit, or house.· Buying land. For example, buying a house, a place for a group of people, or drop-in centre.
· Activities of clubs and associations. For example, wanting to enter or join a registered club, or when a person is already a member.
· Sport and recreation. For example, when wanting to play or watch a sport or participate in recreational activities.
· Administration of government laws and programmes. For example, when seeking information on government entitlements, trying to access government programmes, or wanting to use voting facilities.
Source: Adapted from Australian Human Rights Commission, Disability Discrimination Act Guide: What Areas of Life Does the DDA Cover? (2000): http://www.hreoc.gov.au/disability_rights/dda_guide/areas/areas.html
As noted above, Article 5 also requires States to ensure provision of reasonable accommodation, in order to “promote equality and eliminate discrimination.” It also specifies that any measures undertaken to ensure or speed up the de facto equality of persons with disabilities should not be considered discrimination under the CRPD. Unlike similar provisions in other treaties (such as Article 4 of CEDAW), Article 5 does not set a time limit on the use of such measures or refer to them as “temporary” measures because for many persons with disabilities to enjoy de facto equality, the reality is that such measures will need to continue indefinitely.
The CRPD Committee and Reasonable Accommodation
The CRPD Committee, in its first concluding observations on equality and non-discrimination in relation to the Tunisia report, expressed its regret for “the lack of clarity on the application of the concept of reasonable accommodation” in Tunisia’s disability legislation and instructed the State Party to “incorporate the definition of reasonable accommodation in national law and to apply it in accordance with article 2 of the Convention, in particular by ensuring that the law explicitly recognizes the denial of reasonable accommodation as a disability based discrimination.” The Committee also called on the State party to “act with urgency to include an explicit prohibition of disability-based discrimination in an anti-discrimination law, particularly those governing elections, labour, education and health, among others.” The Committee’s concluding observation makes clear that the implementation of reasonable accommodation is a core component of disability anti-discrimination legislation and central to the successful implementation of the CRPD as a whole.
Source: Committee on the Rights of Persons with Disabilities, “Consideration of Reports submitted by States under Article 35, Concluding Observations – Tunisia” (13 May 2011): http://www.ohchr.org/EN/HRBodies/CRPD/Pages/Session5.aspx
The Duty to Respect, Protect, and Fulfil Obligations of Equality and Non-Discrimination
Taken as a whole, States’ obligations with regard to equality and non-discrimination include:
1. Obligation to respect: States must refrain from engaging in any act, custom, or practice that is inconsistent with the principles of equality and non-discrimination.
Example: The State amends its electoral code containing a voting exclusion based on mental disability.
2. Obligation to protect: States must take all appropriate measures to eliminate discrimination and violations of equality by any non-State actors, such as persons, organizations, or private enterprises.
Example: The State takes measures to enforce a non-discrimination law against employers who discriminate against persons with disabilities in hiring and employment settings.
Example: The State fines a bank that has a practice of restricting persons who are blind from opening bank accounts.
Example: The State investigates reports of discriminatory treatment of passengers with disabilities on public transportation.
3. Obligation to fulfil: States must be proactive in their adoption and implementation of measures to give effect to the principles of equality and non-discrimination.
Example: The State provides incentives for employers to hire persons with disabilities by funding building modifications.
Example: The State adopts training programmes on disability awareness for public officials.
Key Elements of Equality and Non-discrimination in the CRPD
· Equality and non-discrimination are central to the enjoyment of all rights and are principles and rights in the CRPD.
· States may not discriminate on the basis of disability and they must act to stop non-State actors discriminating on the basis of disability.
· Effective access to human rights is central to the enjoyment of equality and non-discrimination.
· Equality means that all human beings have the same inherent worth, regardless of differences between people.
· Non-discrimination concerns avoiding and correcting unfair treatment on the basis of disability, regardless of whether the unfair treatment is blatant or subtle.
· States must provide reasonable accommodation where needed.
· Failure to provide reasonable accommodation is a form of discrimination on the basis of disability.
· States must take positive action to promote and ensure de facto equality of persons with disabilities.
In sum, human rights law strongly supports the right of persons with disabilities to be free from discrimination and to enjoy equality on an equal basis with other. The enjoyment of the right to non-discrimination and equality facilitates the enjoyment of all other human rights.
USEFUL RESOURCES ON EQUALITY AND NON-DISCRIMINATION
· Committee on Economic, Social and Cultural Rights, General Comment No. 5, Persons with Disabilities (1994): http://www2.ohchr.org/english/bodies/cescr/comments.htm
o General Comment providing detailed analysis of the implications of the ICESCR on persons with disabilities.
· Committee on Economic, Social and Cultural Rights, General Comment No. 20, Non-discrimination in economic, social and cultural rights (2009): http://www2.ohchr.org/english/bodies/cescr/comments.htm
o General Comment providing detailed analysis of non-discrimination within the context of the ICESCR and the CRPD.
· Committee on the Rights of the Child, General Comment No. 9, The rights of children with disabilities (2006):
http://www2.ohchr.org/english/bodies/crc/comments.htmo General Comment providing detailed analysis of the rights of children with disabilities under the CRC.
· Committee on the Rights of Persons with Disabilities, “Reporting Guidelines of the Committee on the Rights of Persons with Disabilities” (2009): http://www.ohchr.org/Documents/HRBodies/CRPD/CRPD-C-2-3.pdf
o Reporting Guidelines of the CRPD guiding States on report submissions.
· UN-DESA, OHCHR, IPU, Handbook for Parliamentarians on the Convention on the Rights of Persons with Disabilities and its Optional Protocol: http://www.un.org/disabilities/default.asp?id=248
o Introductory overview of the CRPD for legislators and others.
