under the Covenant. As the World Programme of Action concerning Disabled
Persons states, “the ultimate responsibility for remedying the conditions that lead to
impairment and for dealing with the consequences of disability rests with
Governments”. 14
2. Means of implementation
13.
The methods to be used by States parties in seeking to implement their
obligations under the Covenant towards persons with disabilities are essentially the
same as those available in relation to other obligations (see general comment No. 1
(Third session, 1989)). They include the need to ascertain, through regular
monitoring, the nature and scope of the problems existing within the State; the need to
adopt appropriately tailored policies and programmes to respond to the requirements
thus identified; the need to legislate where necessary and to eliminate any existing
discriminatory legislation; and the need to make appropriate budgetary provisions or,
where necessary, seek international cooperation and assistance. In the latter respect,
international cooperation in accordance with articles 22 and 23 of the Covenant is
likely to be a particularly important element in enabling some developing countries to
fulfil their obligations under the Covenant.
14.
In addition, it has been consistently acknowledged by the international
community that policy-making and programme implementation in this area should be
undertaken on the basis of close consultation with, and involvement of, representative
groups of the persons concerned. For this reason, the Standard Rules recommend that
everything possible be done to facilitate the establishment of national coordinating
committees, or similar bodies, to serve as a national focal point on disability matters.
In doing so, Governments should take account of the 1990 Guidelines for the
Establishment and Development of National Coordinating Committees on Disability
or Similar Bodies. 15
3. The obligation to eliminate discrimination on the grounds of disability
15.
Both de jure and de facto discrimination against persons with disabilities have
a long history and take various forms. They range from invidious discrimination, such
as the denial of educational opportunities, to more “subtle” forms of discrimination
such as segregation and isolation achieved through the imposition of physical and
social barriers. For the purposes of the Covenant, “disability-based discrimination”
may be defined as including any distinction, exclusion, restriction or preference, or
denial of reasonable accommodation based on disability which has the effect of
nullifying or impairing the recognition, enjoyment or exercise of economic, social or
cultural rights. Through neglect, ignorance, prejudice and false assumptions, as well
as through exclusion, distinction or separation, persons with disabilities have very
often been prevented from exercising their economic, social or cultural rights on an
14
World Programme of Action concerning Disabled Persons (see note 3 above), paragraph 3.
15
See note 8 above.