for prevention of disability, rehabilitation and the realization of the goals of ‘full
participation’ of [persons with disabilities] in social life and development, and of
‘equality’”; 7 (b) the Guidelines for the Establishment and Development of National
Coordinating Committees on Disability or Similar Bodies, adopted in 1990; 8 (c) the
Principles for the Protection of Persons with Mental Illness and for the Improvement
of Mental Health Care, adopted in 1991; 9 (d) the Standard Rules on the Equalization
of Opportunities for Persons with Disabilities (hereinafter referred to as the “Standard
Rules”), adopted in 1993, the purpose of which is to ensure that all persons with
disabilities “may exercise the same rights and obligations as others”. 10 The Standard
Rules are of major importance and constitute a particularly valuable reference guide
in identifying more precisely the relevant obligations of States parties under the
Covenant.
1. General obligations of States parties
8.
The United Nations has estimated that there are more than 500 million persons
with disabilities in the world today. Of that number, 80 per cent live in rural areas in
developing countries. Seventy per cent of the total are estimated to have either
limited or no access to the services they need. The challenge of improving the
situation of persons with disabilities is thus of direct relevance to every State party to
the Covenant. While the means chosen to promote the full realization of the
economic, social and cultural rights of this group will inevitably differ significantly
from one country to another, there is no country in which a major policy and
programme effort is not required. 11
9.
The obligation of States parties to the Covenant to promote progressive
realization of the relevant rights to the maximum of their available resources clearly
requires Governments to do much more than merely abstain from taking measures
which might have a negative impact on persons with disabilities. The obligation in
the case of such a vulnerable and disadvantaged group is to take positive action to
reduce structural disadvantages and to give appropriate preferential treatment to
people with disabilities in order to achieve the objectives of full participation and
equality within society for all persons with disabilities. This almost invariably means
that additional resources will need to be made available for this purpose and that a
wide range of specially tailored measures will be required.
7
World Programme of Action concerning Disabled Persons (see note 3 above), paragraph 1.
8
A/C.3/46/4, annex I. Also contained in the Report on the International Meeting on the Roles and
Functions of National Coordinating Committees on Disability in Developing Countries, Beijing, 5-11
November 1990 (CSDHA/DDP/NDC/4). See also Economic and Social Council resolution 1991/8 and
General Assembly resolution 46/96 of 16 December 1991.
9
General Assembly resolution 46/119 of 17 December 1991, annex.
10
Standard Rules (see note 6 above), Introduction, paragraph 15.
11
See A/47/415, passim.