CESCR General Comment No. 5: Persons with Disabilities
Adopted at the Eleventh Session of the Committee on Economic,
Social and Cultural Rights, on 9 December 1994
(Contained in Document E/1995/22)
1.
The central importance of the International Covenant on Economic, Social and
Cultural Rights in relation to the human rights of persons with disabilities has
frequently been underlined by the international community. 1 Thus a 1992 review by
the Secretary-General of the implementation of the World Programme of Action
concerning Disabled Persons and the United Nations Decade of Disabled Persons
concluded that “disability is closely linked to economic and social factors” and that
“conditions of living in large parts of the world are so desperate that the provision of
basic needs for all - food, water, shelter, health protection and education - must form
the cornerstone of national programmes”. 2 Even in countries which have a relatively
high standard of living, persons with disabilities are very often denied the opportunity
to enjoy the full range of economic, social and cultural rights recognized in the
Covenant.
2.
The Committee on Economic, Social and Cultural Rights, and the working
group which preceded it, have been explicitly called upon by both the
General Assembly 3 and the Commission on Human Rights 4 to monitor the
compliance of States parties to the Covenant with their obligation to ensure the full
enjoyment of the relevant rights by persons with disabilities. The Committee’s
experience to date, however, indicates that States parties have devoted very little
attention to this issue in their reports. This appears to be consistent with the
Secretary-General’s conclusion that “most Governments still lack decisive concerted
measures that would effectively improve the situation” of persons with disabilities.5
It is therefore appropriate to review, and emphasize, some of the ways in which issues
concerning persons with disabilities arise in connection with the obligations contained
in the Covenant.
1
For a comprehensive review of the question, see the final report prepared by Mr. Leandro Despouy,
Special Rapporteur, on human rights and disability (E/CN.4/Sub.2/1991/31).
2
See A/47/415, paragraph 5.
3
See paragraph 165 of the World Programme of Action concerning Disabled Persons, adopted by the
General Assembly by its resolution 37/52 of 3 December 1982 (para. 1).
4
See Commission on Human Rights resolutions 1992/48, paragraph 4 and 1993/29, paragraph 7.
5
See A/47/415, paragraph 6.