equal basis with persons without disabilities. The effects of disability-based
discrimination have been particularly severe in the fields of education, employment,
housing, transport, cultural life, and access to public places and services.
16.
Despite some progress in terms of legislation over the past decade, 16 the legal
situation of persons with disabilities remains precarious. In order to remedy past and
present discrimination, and to deter future discrimination, comprehensive
anti-discrimination legislation in relation to disability would seem to be indispensable
in virtually all States parties. Such legislation should not only provide persons with
disabilities with judicial remedies as far as possible and appropriate, but also provide
for social policy programmes which enable persons with disabilities to live an
integrated, self-determined and independent life.
17.
Anti-discrimination measures should be based on the principle of equal rights
for persons with disabilities and the non-disabled, which, in the words of the
World Programme of Action concerning Disabled Persons, “implies that the needs of
each and every individual are of equal importance, that these needs must be made the
basis for the planning of societies, and that all resources must be employed in such a
way as to ensure, for every individual, equal opportunity for participation. Disability
policies should ensure the access of [persons with disabilities] to all community
services”. 17
18.
Because appropriate measures need to be taken to undo existing discrimination
and to establish equitable opportunities for persons with disabilities, such actions
should not be considered discriminatory in the sense of article 2 (2) of the
International Covenant on Economic, Social and Cultural Rights as long as they are
based on the principle of equality and are employed only to the extent necessary to
achieve that objective.
4. Specific provisions of the Covenant
A. Article 3: Equal rights for men and women
19.
Persons with disabilities are sometimes treated as genderless human beings.
As a result, the double discrimination suffered by women with disabilities is often
neglected. 18 Despite frequent calls by the international community for particular
emphasis to be placed upon their situation, very few efforts have been undertaken
during the Decade. The neglect of women with disabilities is mentioned several times
in the report of the Secretary-General on the implementation of the World Programme
of Action. 19 The Committee therefore urges States parties to address the situation of
16
See A/47/415, paragraphs 37-38.
17
World Programme of Action concerning Disabled Persons (see note 3 above), paragraph 25.
18
See E/CN.4/Sub.2/1991/31 (see note 1 above), paragraph 140.
19
See A/47/415, paragraphs 35, 46, 74 and 77.