Protected Main Rights of the CRPD

Besides identifying some of the specific human rights that persons with disabilities must enjoy, we isolate key Articles in the Convention on the Rights of Persons with Disabilities (CRPD) that protect these rights.

Prohibition of discrimination on the basis of disability and guarantee to persons with disabilities equal protection is covered under Article 5 of the Convention. The Convention specifically demands that States Parties should prohibit all discrimination on the basis of disability and guarantee to persons with disabilities equal and effective legal protection against discrimination on all grounds.

Guarantee to persons with disabilities the full enjoyment of life on an equal basis with others is stipulated under Article 10 of the CRPD. It states that States Parties reaffirm that every human being has the inherent right to life and shall take all necessary measures to ensure effective enjoyment by persons with disabilities on an equal basis with others.

Under Article 6, the Convention also stipulates guarantees to equality of rights and advancement of women and girls with disabilities. The Convention recognises that women and girls with disabilities are subject to multiple discriminations, and in this regard State Parties should take measures to ensure the full and equal enjoyment by them of all human rights and fundamental freedoms. It specifically says: “States Parties shall take all appropriate measures to ensure the full development, advancement and empowerment of women, for the purpose of guaranteeing them the exercise and enjoyment of the human rights and fundamental freedoms set out in the present Convention.”

The Convention also touches on rights of children with disabilities under Article 23. It acknowledges the fact that children with disabilities enjoy the same rights, and that they should not be separated from their parents against their will, except when competent authorities subject to judicial review determine, in accordance with applicable law and procedures, that such separation is necessary for the best interests of the child. It states that in no case should a child be separated from parents on the basis of a disability of either the child or one or both of the parents.

Isn’t it interesting to see how the rights of children with disabilities have been reiterated and given new impetus in the CRPD following an unequivocal statement by Heads of State and Government, adopted by the United Nations General Assembly of the May 2002 Special Session on Children? This is what the assembly agreed:

“Each girl and boy is born free and equal in dignity and rights; therefore, all forms of discrimination affecting children must end.... We will take all measures to ensure the full and equal enjoyment of all human rights and fundamental freedoms, including equal access to health, education and recreational services, by children with disabilities and children with special needs, to ensure the recognition of their dignity, to promote their self-reliance, and to facilitate their active participation in the community.”