Continuing with my last blog, in today’s blog, I will be discussing Article 4, ‘General Obligations’ and Article 5, ‘Equality & Non-discrimination’ of the ‘Convention on the Rights of Persons with Disabilities’.
To ensure and promote the full realization of all human rights and fundamental freedoms for all persons with disabilities (PwD) without discrimination of any kind on the basis of disability, the States Parties undertake:
– adopt all appropriate measures (legislative, administrative, etc.) for the implementation of the rights recognized in the present Convention;
– take appropriate measures to modify or abolish existing laws, regulations, customs and practices that constitute discrimination against PwD;
– protection and promotion of rights of PwD in all policies and programmes;
– refrain from engaging in any act or practice that is inconsistent with the present Convention and to ensure that public authorities and institutions act in conformity with the present Convention;
– take appropriate measures to eliminate discrimination on the basis of disability by any person, organization or private enterprise;
– undertake or promote R&D of universally designed goods, services, equipment and facilities to meet the specific needs of a PwD, promote their availability & use, and promote universal design in the development of standards and guidelines;
– undertake or promote R&D and availability & use of new technologies, including information and communications technologies, mobility aids, devices & assistive technologies, suitable for PwD, giving priority to technologies at an affordable cost;
– provide accessible information to PwD about mobility aids, devices & assistive technologies, including new technologies, as well as other forms of assistance, support services and facilities;
– promote the training of professionals and staff working with PwD so as to better provide the assistance and services guaranteed by those rights.
With regard to economic, social & cultural rights, each State Party undertakes to take measures to achieve the full realization of these rights.
In the development and implementation of legislation and policies and in other decision-making processes concerning issues relating to PwD, States Parties shall closely consult with and actively involve PwD, including children with disabilities, through their representative organizations.
Nothing in the present Convention shall affect any provisions which are more conducive to the realization of the rights of PwD and which may be contained in the law of a State Party or international law in force for that State.
The provisions of the present Convention shall extend to all parts of federal states without any limitations or exceptions.
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Equality & Non-discrimination
To ensure equality and non-discrimination towards Persons with Disabilities, the State Parties:
– recognize all persons equal before & under the law and entitled to equal protection & equal benefits without any discrimination;
– guarantee to PwD equal & effective legal protection against all discriminations on the basis of disability
– take all appropriate steps to ensure that reasonable accommodation is provided to promote equality and eliminate discrimination
– ensures that specific measures necessary to accelerate or achieve de facto equality of PwD are not considered discrimination under the terms of the present Convention
In the next blog, I will be discussing about some more important articles of the CRPD. Feel free to share your thoughts on WhatsApp +919910353219 or email email@example.com .
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Author CA Shivani Lohia
Shivani Lohia is a Chartered Accountant by profession and mother to 8 years old child on the autism spectrum. The cause of autism awareness is very close to her heart and she strongly believes in equal education for all & strongly advocates inclusion. She has been homeschooling her son since he was 5 years old.
Creative representation for this blog is done by our extremely talented CreativeSaathi Pranjal Mishra