10.
According to a report by the Secretary-General, developments over the past
decade in both developed and developing countries have been especially unfavourable
from the perspective of persons with disabilities:
“... current economic and social deterioration, marked by low-growth rates,
high unemployment, reduced public expenditure, current structural adjustment
programmes and privatization, have negatively affected programmes and
services ... If the present negative trends continue, there is the risk that
[persons with disabilities] may increasingly be relegated to the margins of
society, dependent on ad hoc support.” 12
As the Committee has previously observed (general comment No. 3 (Fifth session,
1990), para. 12), the duty of States parties to protect the vulnerable members of their
societies assumes greater rather than less importance in times of severe resource
constraints.
11.
Given the increasing commitment of Governments around the world to
market-based policies, it is appropriate in that context to emphasize certain aspects of
States parties’ obligations. One is the need to ensure that not only the public sphere,
but also the private sphere, are, within appropriate limits, subject to regulation to
ensure the equitable treatment of persons with disabilities. In a context in which
arrangements for the provision of public services are increasingly being privatized and
in which the free market is being relied on to an ever greater extent, it is essential that
private employers, private suppliers of goods and services, and other non-public
entities be subject to both non-discrimination and equality norms in relation to
persons with disabilities. In circumstances where such protection does not extend
beyond the public domain, the ability of persons with disabilities to participate in the
mainstream of community activities and to realize their full potential as active
members of society will be severely and often arbitrarily constrained. This is not to
imply that legislative measures will always be the most effective means of seeking to
eliminate discrimination within the private sphere. Thus, for example, the Standard
Rules place particular emphasis on the need for States to “take action to raise
awareness in society about persons with disabilities, their rights, their needs, their
potential and their contribution”. 13
12.
In the absence of government intervention there will always be instances in
which the operation of the free market will produce unsatisfactory results for persons
with disabilities, either individually or as a group, and in such circumstances it is
incumbent on Governments to step in and take appropriate measures to temper,
complement, compensate for, or override the results produced by market forces.
Similarly, while it is appropriate for Governments to rely on private, voluntary groups
to assist persons with disabilities in various ways, such arrangements can never
absolve Governments from their duty to ensure full compliance with their obligations
12
Ibid., paragraph 5.
13
Standard Rules (see note 6 above), Rule 1.