WHO MiNDbank: More Inclusiveness Needed in Disability and Development

A database of resources covering mental health, substance abuse, disability, general health, human rights and development

General comment No. 6 of the Convention on the Rights of Persons with Disabilities on on equality and non-discrimination (2018)

United Nations International Human Rights Instruments and Resources General Comments of UN Treaties 2018 Policy document

This translation feature uses a third-party service. Please be advised that the machine-translated content may not be accurate. Translation only applies to this page and is not available for downloaded files or external links.



I. Introduction

1. The aim of the present general comment is to clarify the obligations of States parties regarding non-discrimination and equality as enshrined in article 5 of the Convention on the Rights of Persons with Disabilities.

2. The Committee is concerned that the laws and policies of States parties still approach disability through charity and/or medical models, despite the incompatibility of those models with the Convention. The persistent use of such paradigms fails to acknowledge persons with disabilities as full subjects of rights and as rights holders. In addition, the Committee notes that the efforts by States parties to overcome attitudinal barriers to disability have been insufficient. Examples include the enduring and humiliating stereotypes, stigma of, and prejudices against persons with disabilities as being a burden for society. In response, it is critical that persons with disabilities, through their representative organizations, play a central role in the development of legal and policy reforms.

3. The broadening of anti-discrimination laws and human rights frameworks has led to extended protection of the rights of persons with disabilities in many States parties. Nevertheless, laws and regulatory frameworks often remain imperfect and incomplete or ineffective, or reflect an inadequate understanding of the human rights model of disability. Many national laws and policies perpetuate the exclusion and isolation of and discrimination and violence against persons with disabilities. They often lack a recognition of multiple and intersectional discrimination or discrimination by association; fail to acknowledge that the denial of reasonable accommodation constitutes discrimination; and lack effective mechanisms of legal redress and reparation. Such laws and policies are commonly not regarded as disability-based discrimination because they are justified as being for the protection or care of the persons with a disability, or in their best interest.


English, 99.9 kB docx