Human Rights and Disability A Manual for National Human Rights Institutions
These principles, taken together, provide the lens through which the following substantive articles of the
UN CRPD should be viewed and interpreted. The Convention begins with dignity, autonomy, equality,
intersecting identities, respect for difference, social inclusion and full participation. It is grounded in a
deep understanding of and commitment to personhood.
3.3. GENERAL OBLIGATIONS IMPOSED ON STATES PARTIES
In addition to the rights-specific obligations contained in its substantive provisions, the UN CRPD
includes a provision (article 4) that sets out the general obligations of States parties with respect to
implementation. Most of them are eminently logical and designed to embed a positive dynamic of
change at the country level.
Do no wrong
States parties are obliged to refrain from engaging in any act or practice that is inconsistent with the
Convention and to ensure that public authorities and institutions act in conformity with the Convention
(article 4(1)(d)).
NHRIs can play a vital role to identify cases where laws, policies and practices violate the Convention.
They can play an equally useful role to strengthen the advocacy of civil society for positive change and
to champion law reform.
Reform old laws and adopt new ones
States parties are obliged to adopt appropriate legislative, administrative and other measures to
implement the Convention and to modify or abolish existing laws, regulations, customs or practices that
constitute discrimination against persons with disabilities (article 4(1)(a), (b)).
To achieve this, a comprehensive review process will nearly always be required. NHRIs can play a very
useful role to propose the outlines for reform or to make sure that reform proposals are framed in such
a way as to ensure compliance with the UN CRPD. In some States, NHRIs may be mandated or invited
to lead this process and to advise government on the necessary steps to achieve or work towards
compliance with the Convention; for example, through the development of a National Action Plan.87
Proactively tackle discrimination
State parties must take all appropriate measures to eliminate discrimination on the basis of disability by
any person, organisation or private enterprise (article 4(1)(e)).
This suggests, at a minimum, that States put in place comprehensive legislation to prohibit discrimination
against persons with disabilities, including the failure to provide ‘reasonable accommodation’. It also
indicates, through the use of the word ‘eliminate’, an expectation that States will take proactive steps
to identify and tackle systemic or institutionalised discrimination faced by persons with disabilities. This
would include discrimination that results from long-standing negative social attitudes, from the cultures
and customary practices of institutions, or from policies, procedures and practices.
NHRIs can assist their States to develop, implement and enforce anti-discrimination legislation. They
can deliver education programs for duty bearers and rights holders and, where relevant, they can assist
individuals who have encountered discrimination. NHRIs should ensure that the definition of disability in
anti-discrimination legislation removes the focus from the medical condition of the person and fixes it on
the barriers and behaviours that must be removed or regulated.
87
40
European Union Agency for Fundamental Rights, Implementing the UN CRPD: An Overview of Legal Reforms in EU Member
States (May 2015), available at http://fra.europa.eu/en/publication/2015/implementing-un-crpd-overview-legal-reforms-eumember-states.