Discrimination on the basis of disability

1. Discriminationon the basis of disability Module 5

2. Objective Module flow • Understand how discrimination on the basis of disability manifests itself • Recognize different forms of discrimination against persons with disabilities • Understand the link between non-discrimination and equality • Understand who is responsible for combating discrimination and what measures they should take • Group activity – the power walk • Forms of discrimination • Non-discrimination in the Convention • Reasonable accommodation • Examples of discrimination on the basis of disability • Specific measures to promote equality • Who’s responsible?

3. Thinking about discrimination The power walk

4. multiple discrimination Forms of discrimination

5. Discrimination on the basis of disability Any distinction, exclusion or restriction on the basis of disability which has the purpose or effect of impairing or nullifying the recognition, enjoyment or exerciseon an equal basis with othersof all human rights and fundamental freedoms in the political, economic, social, cultural, civil or any other field. It encompasses all forms of discrimination, including denial of reasonable accommodation

6. Reasonable accommodation Necessary and appropriate modification and adjustments not imposing a disproportionate or undue burden, where needed in a particular case, to ensure to persons with disabilities the enjoyment or exercise on an equal basis with others of all human rights and fundamental freedoms

7. Discrimination on the basis of disability Social and cultural life Segregatededucation Forcedmedicaltreatment Exclusion from the community Inaccessible environments Negative attitudes Civil life Denial of legalcapacity Forcedinstitutionalization Forcedsterilization Political life Denial of the right to vote Economic life Denial of reasonable accommodation Denial of propertyrights

8. Specific measures specific measures which are necessary to accelerate or achieve de facto equality of persons with disabilities shall not be considered discrimination under the terms of the present Convention [art. 5 (4)] employment in the public sector (art. 27 (1)) individualized support (art. 24 (2) (e)) affirmative action, incentives (art. 27 (1)) measures to establish support framework (art. 12 (3)) etc.

9. Whoisresponsible? Privatesector Communitymembers, families Awareness-raising Training Laws and policies States Individual Research Resource allocation Inclusive services Remedy

10. Resources • Convention on the Rights of Persons with Disabilities • Human Rights Committee, general comment No. 18 (1989) on non-discrimination • Committee on Economic, Social and Cultural Rights, general comment No. 20 (2009) on non-discrimination in economic, social and cultural rights • Committee on the Elimination of Discrimination against Women, general recommendation No. 25 (2004) on temporary special measures • Committee on the Elimination of Discrimination against Women, general recommendation No. 28 (2010) on the core obligations of States parties under article 2 of Convention on the Elimination of All Forms of Discrimination against Women