3.
There is still no internationally accepted definition of the term “disability”.
For present purposes, however, it is sufficient to rely on the approach adopted in the
Standard Rules of 1993, which state:
“The term ‘disability’ summarizes a great number of different
functional limitations occurring in any population ... People may be disabled
by physical, intellectual or sensory impairment, medical conditions or mental
illness. Such impairments, conditions or illnesses may be permanent or
transitory in nature.” 6
4.
In accordance with the approach adopted in the Standard Rules, this general
comment uses the term “persons with disabilities” rather than the older term “disabled
persons”. It has been suggested that the latter term might be misinterpreted to imply
that the ability of the individual to function as a person has been disabled.
5.
The Covenant does not refer explicitly to persons with disabilities.
Nevertheless, the Universal Declaration of Human Rights recognizes that all human
beings are born free and equal in dignity and rights and, since the Covenant’s
provisions apply fully to all members of society, persons with disabilities are clearly
entitled to the full range of rights recognized in the Covenant. In addition, insofar as
special treatment is necessary, States parties are required to take appropriate
measures, to the maximum extent of their available resources, to enable such persons
to seek to overcome any disadvantages, in terms of the enjoyment of the rights
specified in the Covenant, flowing from their disability. Moreover, the requirement
contained in article 2 (2) of the Covenant that the rights “enunciated ... will be
exercised without discrimination of any kind” based on certain specified grounds “or
other status” clearly applies to discrimination on the grounds of disability.
6.
The absence of an explicit, disability-related provision in the Covenant can be
attributed to the lack of awareness of the importance of addressing this issue
explicitly, rather than only by implication, at the time of the drafting of the Covenant
over a quarter of a century ago. More recent international human rights instruments
have, however, addressed the issue specifically. They include the Convention on the
Rights of the Child (art. 23); the African Charter on Human and Peoples’ Rights (art.
18 (4)); and the Additional Protocol to the American Convention on Human Rights in
the Area of Economic, Social and Cultural Rights (art. 18). Thus it is now very
widely accepted that the human rights of persons with disabilities must be protected
and promoted through general, as well as specially designed, laws, policies and
programmes.
7.
In accordance with this approach, the international community has affirmed its
commitment to ensuring the full range of human rights for persons with disabilities in
the following instruments: (a) the World Programme of Action concerning Disabled
Persons, which provides a policy framework aimed at promoting “effective measures
6
Standard Rules on the Equalization of Opportunities for Persons with Disabilities, annexed to
General Assembly resolution 48/96 of 20 December 1993 (Introduction, para. 17).