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Observation générale no 8 (2022) sur le droit des personnes handicapées au travail et à l’emploi
- Organe
- Comité des droits des personnes handicapées
- Status juridique
- Droit souple non-négocié
- Type de document
- Observation générale / recommendation
- Année
- 2022
- Code du document
- CRPD/C/GC/8
- Date ajouter
- 5 mars 2024
Document
Observation générale no 7 (2018) sur la participation des personnes handicapées, y compris des enfants handicapés, par l’intermédiaire des organisations qui les représentent, à la mise en œuvre de la Convention et au suivi de son application
- Organe
- Comité des droits des personnes handicapées
- Status juridique
- Droit souple non-négocié
- Type de document
- Observation générale / recommendation
- Année
- 2018
- Code du document
- CRPD/C/GC/7
- Date ajouter
- 5 mars 2024
Document
Observation générale no 6 (2018) sur l’égalité et la non- discrimination
- Organe
- Comité des droits des personnes handicapées
- Status juridique
- Droit souple non-négocié
- Type de document
- Observation générale / recommendation
- Année
- 2018
- Code du document
- CRPD/C/GC/6
- Date ajouter
- 5 mars 2024
Document
Observation générale no 5 (2017) sur l’autonomie de vie et l’inclusion dans la société
- Organe
- Comité des droits des personnes handicapées
- Status juridique
- Droit souple non-négocié
- Type de document
- Observation générale / recommendation
- Année
- 2017
- Code du document
- CRPD/C/GC/5
- Date ajouter
- 5 mars 2024
Document
Accessibility
- Organe
- Comité des droits des personnes handicapées
- Status juridique
- Droit souple non-négocié
- Type de document
- Observation générale / recommendation
- Année
- 2014
- Code du document
- CRPD/C/GC/2
- Date ajouter
- 19 août 2019
Document
Women and girls with disabilities
- Organe
- Comité des droits des personnes handicapées
- Status juridique
- Droit souple non-négocié
- Type de document
- Observation générale / recommendation
- Année
- 2016
- Code du document
- CRPD/C/GC/3
- Date ajouter
- 19 août 2019
Document
The right to inclusive education
- Organe
- Comité des droits des personnes handicapées
- Status juridique
- Droit souple non-négocié
- Type de document
- Observation générale / recommendation
- Année
- 2016
- Code du document
- CRPD/C/GC/4
- Date ajouter
- 19 août 2019
Document
Equal recognition before the law
- Organe
- Comité des droits des personnes handicapées
- Status juridique
- Droit souple non-négocié
- Type de document
- Observation générale / recommendation
- Année
- 2014
- Code du document
- CRPD/C/GC/1
- Date ajouter
- 19 août 2019
Document
Equal recognition before the law 2014, para. 8
- Paragraph text
- Article 12 of the Convention affirms that all persons with disabilities have full legal capacity. Legal capacity has been prejudicially denied to many groups throughout history, including women (particularly upon marriage) and ethnic minorities. However, persons with disabilities remain the group whose legal capacity is most commonly denied in legal systems worldwide. The right to equal recognition before the law implies that legal capacity is a universal attribute inherent in all persons by virtue of their humanity and must be upheld for persons with disabilities on an equal basis with others. Legal capacity is indispensable for the exercise of civil, political, economic, social and cultural rights. It acquires a special significance for persons with disabilities when they have to make fundamental decisions regarding their health, education and work. The denial of legal capacity to persons with disabilities has, in many cases, led to their being deprived of many fundamental rights, including the right to vote, the right to marry and found a family, reproductive rights, parental rights, the right to give consent for intimate relationships and medical treatment, and the right to liberty.
- Organe
- Committee on the Rights of Persons with Disabilities
- Type de document
- General Comment / Recommendation
- Thèmes
- Equality & Inclusion
- Governance & Rule of Law
- Health
- Personnes concernées
- Persons with disabilities
- Women
- Année
- 2014
- Date ajouter
- 19 août 2019
Paragraphe
Accessibility 2014, para. 1
- Paragraph text
- Accessibility is a precondition for persons with disabilities to live independently and participate fully and equally in society. Without access to the physical environment, to transportation, to information and communication, including information and communications technologies and systems, and to other facilities and services open or provided to the public, persons with disabilities would not have equal opportunities for participation in their respective societies. It is no coincidence that accessibility is one of the principles on which the Convention on the Rights of Persons with Disabilities is based (art. 3 (f)). Historically, the persons with disabilities movement has argued that access to the physical environment and public transport for persons with disabilities is a precondition for freedom of movement, as guaranteed under article 13 of the Universal Declaration of Human Rights and article 12 of the International Covenant on Civil and Political Rights. Similarly, access to information and communication is seen as a precondition for freedom of opinion and expression, as guaranteed under article 19 of the Universal Declaration of Human Rights and article 19, paragraph 2, of the International Covenant on Civil and Political Rights.
- Organe
- Committee on the Rights of Persons with Disabilities
- Type de document
- General Comment / Recommendation
- Thèmes
- Equality & Inclusion
- Personnes concernées
- Persons with disabilities
- Année
- 2014
- Date ajouter
- 19 août 2019
Paragraphe
The right to inclusive education 2016, para. 49
- Paragraph text
- Persons with disabilities, particularly women and girls, can be disproportionately affected by violence and abuse, including physical and humiliating punishments by educational personnel, for example, the use of restraints and seclusion, and bullying by others in and on route to school. Article 16 requires that States parties take all appropriate measures to protect from and prevent all forms of violence and abuse towards persons with disabilities, including sexual violence. Such measures must be age, gender and disability sensitive. The Committee strongly endorses the recommendations of the CRC, the Human Rights Committee and CESCR that States parties must prohibit all forms of corporal punishment, and cruel, inhuman and degrading treatment in all settings, including schools, and ensure effective sanctions against perpetrators. It encourages schools and other educational centers to involve students, including students with disabilities, in the development of policies, including accessible protection mechanisms, to address disciplinary measures and bullying, including cyberbullying, which is increasingly recognized as a growing feature of the lives of students, particularly children.
- Organe
- Committee on the Rights of Persons with Disabilities
- Type de document
- General Comment / Recommendation
- Thèmes
- Education
- Equality & Inclusion
- Violence
- Personnes concernées
- Children
- Girls
- Persons with disabilities
- Women
- Année
- 2016
- Date ajouter
- 19 août 2019
Paragraphe
Women and girls with disabilities 2016, para. 47
- Paragraph text
- Women with disabilities are exposed to compounded stereotypes that can be particularly harmful. Disability and gender stereotypes applying to women with disabilities include, but are not limited to: being burdensome to others (that they must be cared for, are a cause of hardship, an affliction, a responsibility, require protection), vulnerable (defenceless, unsafe, dependent, reliant, unsafe) and/or victims (suffering, passive, helpless), inferior (inability, inadequacy, weak, worthless); have a sexual abnormality (for example, women with disabilities are stereotyped as asexual, inactive, overactive, incapable, sexually perverse), being mystical or sinister (stereotyped as cursed, possessed by spirits, practitioners of witchcraft, as being good or bad luck, harmful). Gender and/or disability stereotyping is the practice of ascribing to a specific individual a stereotypical belief, and it is wrongful when it results in a violation or violations of human rights and fundamental freedoms. An example of this is the failure of the justice system to hold the perpetrator of sexual violence against a woman with disability accountable based on stereotypical views about her sexuality or on her credibility as a witness.
- Organe
- Committee on the Rights of Persons with Disabilities
- Type de document
- General Comment / Recommendation
- Thèmes
- Equality & Inclusion
- Personnes concernées
- Persons with disabilities
- Women
- Année
- 2016
- Date ajouter
- 19 août 2019
Paragraphe
Women and girls with disabilities 2016, para. 17e
- Paragraph text
- Structural or systemic discrimination are hidden or overt patterns of discriminatory institutional behaviour, discriminatory cultural traditions, social norms and/or rules. Harmful gender and disability stereotyping can lead to such discrimination, inextricably linked to a lack of policies, regulation and service provision specifically for women with disabilities. For example, due to stereotyping based on the intersection of gender and disability, women with disabilities may face barriers when reporting violence, such as disbelief and dismissal by police, prosecutors and courts. Likewise, harmful practices are strongly connected to and reinforce socially constructed gender roles and power relations that can reflect negative perceptions of, or discriminatory beliefs regarding women with disabilities, such as the belief that men with HIV/AIDS can be cured by engaging in sexual intercourse with women with disabilities . The lack of awareness training and policies to prevent harmful stereotyping of women with disabilities by public officials, be it teachers, health service providers, police officers, prosecutors, judges,. and the public at large can often lead to individual instances of violations of rights.
- Organe
- Committee on the Rights of Persons with Disabilities
- Type de document
- General Comment / Recommendation
- Thèmes
- Equality & Inclusion
- Social & Cultural Rights
- Personnes concernées
- Girls
- Persons with disabilities
- Women
- Année
- 2016
- Date ajouter
- 19 août 2019
Paragraphe
The right to inclusive education 2016, para. 46
- Paragraph text
- Article 8 calls for measures to raise awareness and challenge stereotypes, prejudices and harmful practices regarding persons with disabilities, particularly targeting those affecting women and girls with disabilities and persons with intellectual disabilities and intensive support requirements. These barriers impede both access to, and effective learning within the education system. The Committee notes the practice of some parents of children without disabilities removing their children from inclusive schools, based on lack of awareness and understanding of the nature of disability. States parties must adopt measures to build a culture of diversity, participation and involvement into community life and to highlight inclusive education as a means to achieve a quality education for all students, with and without disabilities, parents, teachers and school administrations, as well as the community and society. States parties must ensure that mechanisms are in place to foster, at all levels of the education system, and among parents and the wider public, an attitude of respect for the rights of persons with disabilities. Civil society, in particular OPDs, should be involved in all awareness raising activities.
- Organe
- Committee on the Rights of Persons with Disabilities
- Type de document
- General Comment / Recommendation
- Thèmes
- Education
- Equality & Inclusion
- Personnes concernées
- Children
- Girls
- Persons with disabilities
- Women
- Année
- 2016
- Date ajouter
- 19 août 2019
Paragraphe
The right to inclusive education 2016, para. 4g
- Paragraph text
- [Barriers that impede access to inclusive education for persons with disabilities can be attributed to multiple factors, including:] lack of legal remedies and mechanisms to claim redress for violations.
- Organe
- Committee on the Rights of Persons with Disabilities
- Type de document
- General Comment / Recommendation
- Thèmes
- Education
- Equality & Inclusion
- Personnes concernées
- Persons with disabilities
- Année
- 2016
- Date ajouter
- 19 août 2019
Paragraphe
Equal recognition before the law 2014, para. 26
- Paragraph text
- In its concluding observations on States parties' initial reports, in relation to article 12, the Committee on the Rights of Persons with Disabilities has repeatedly stated that States parties must "review the laws allowing for guardianship and trusteeship, and take action to develop laws and policies to replace regimes of substitute decision-making by supported decision-making, which respects the person's autonomy, will and preferences".
- Organe
- Committee on the Rights of Persons with Disabilities
- Type de document
- General Comment / Recommendation
- Thèmes
- Equality & Inclusion
- Governance & Rule of Law
- Social & Cultural Rights
- Personnes concernées
- Persons with disabilities
- Année
- 2014
- Date ajouter
- 19 août 2019
Paragraphe
Equal recognition before the law 2014, para. 25
- Paragraph text
- In order to fully recognize "universal legal capacity", whereby all persons, regardless of disability or decision-making skills, inherently possess legal capacity, States parties must abolish denials of legal capacity that are discriminatory on the basis of disability in purpose or effect.
- Organe
- Committee on the Rights of Persons with Disabilities
- Type de document
- General Comment / Recommendation
- Thèmes
- Equality & Inclusion
- Governance & Rule of Law
- Personnes concernées
- All
- Année
- 2014
- Date ajouter
- 19 août 2019
Paragraphe
Equal recognition before the law 2014, para. 19
- Paragraph text
- Some persons with disabilities only seek recognition of their right to legal capacity on an equal basis with others, as provided for in article 12, paragraph 2, of the Convention, and may not wish to exercise their right to support, as provided for in article 12, paragraph 3.
- Organe
- Committee on the Rights of Persons with Disabilities
- Type de document
- General Comment / Recommendation
- Thèmes
- Equality & Inclusion
- Governance & Rule of Law
- Personnes concernées
- Persons with disabilities
- Année
- 2014
- Date ajouter
- 19 août 2019
Paragraphe
Equal recognition before the law 2014, para. 14
- Paragraph text
- Legal capacity is an inherent right accorded to all people, including persons with disabilities. As noted above, it consists of two strands. The first is legal standing to hold rights and to be recognized as a legal person before the law. This may include, for example, having a birth certificate, seeking medical assistance, registering to be on the electoral role or applying for a passport. The second is legal agency to act on those rights and to have those actions recognized by the law. It is this component that is frequently denied or diminished for persons with disabilities. For example, laws may allow persons with disabilities to own property, but may not always respect the actions taken by them in terms of buying and selling property. Legal capacity means that all people, including persons with disabilities, have legal standing and legal agency simply by virtue of being human. Therefore, both strands of legal capacity must be recognized for the right to legal capacity to be fulfilled; they cannot be separated. The concept of mental capacity is highly controversial in and of itself. Mental capacity is not, as is commonly presented, an objective, scientific and naturally occurring phenomenon. Mental capacity is contingent on social and political contexts, as are the disciplines, professions and practices which play a dominant role in assessing mental capacity.
- Organe
- Committee on the Rights of Persons with Disabilities
- Type de document
- General Comment / Recommendation
- Thèmes
- Equality & Inclusion
- Governance & Rule of Law
- Personnes concernées
- Persons with disabilities
- Année
- 2014
- Date ajouter
- 19 août 2019
Paragraphe
Equal recognition before the law 2014, para. 11
- Paragraph text
- Article 12, paragraph 1, reaffirms the right of persons with disabilities to be recognized as persons before the law. This guarantees that every human being is respected as a person possessing legal personality, which is a prerequisite for the recognition of a person's legal capacity.
- Organe
- Committee on the Rights of Persons with Disabilities
- Type de document
- General Comment / Recommendation
- Thèmes
- Equality & Inclusion
- Governance & Rule of Law
- Personnes concernées
- Persons with disabilities
- Année
- 2014
- Date ajouter
- 19 août 2019
Paragraphe
Equal recognition before the law 2014, para. 10
- Paragraph text
- This general comment focuses primarily on the normative content of article 12 and the State obligations that emerge therefrom. The Committee will continue to carry out work in this area so as to provide further in-depth guidance on the rights and obligations deriving from article 12 in future concluding observations, general comments and other documents.
- Organe
- Committee on the Rights of Persons with Disabilities
- Type de document
- General Comment / Recommendation
- Thèmes
- Governance & Rule of Law
- Personnes concernées
- N.A.
- Année
- 2014
- Date ajouter
- 19 août 2019
Paragraphe
Accessibility 2014, para. 47
- Paragraph text
- International cooperation, as described in article 32 of the Convention, should be a significant tool in the promotion of accessibility and universal design. The Committee recommends that international development agencies recognize the significance of supporting projects aimed at improving ICT and other access infrastructure. All new investments made within the framework of international cooperation should be used to encourage the removal of existing barriers and prevent the creation of new barriers. It is unacceptable to use public funds to perpetuate new inequalities. All new objects, infrastructure, facilities, goods, products and services must be fully accessible for all persons with disabilities. International cooperation should be used not merely to invest in accessible goods, products and services, but also to foster the exchange of know-how and information on good practice in achieving accessibility in ways that will make tangible changes that can improve the lives of millions of persons with disabilities worldwide. International cooperation on standardization is also important, as is the fact that organizations of persons with disabilities must be supported so that they can participate in national and international processes to develop, implement and monitor accessibility standards. Accessibility must be an integral part of any sustainable development effort, especially in the context of the post-2015 development agenda.
- Organe
- Committee on the Rights of Persons with Disabilities
- Type de document
- General Comment / Recommendation
- Thèmes
- Equality & Inclusion
- Personnes concernées
- Persons with disabilities
- Année
- 2014
- Date ajouter
- 19 août 2019
Paragraphe
Accessibility 2014, para. 46e
- Paragraph text
- [Article 30, paragraph 5, of the Convention provides that, in order to enable persons with disabilities to participate on an equal basis with others in recreational, leisure and sporting activities, States parties shall take appropriate measures:] To ensure that persons with disabilities have access to services from those involved in the organization of recreational, tourism, leisure and sporting activities.
- Organe
- Committee on the Rights of Persons with Disabilities
- Type de document
- General Comment / Recommendation
- Thèmes
- Equality & Inclusion
- Personnes concernées
- Persons with disabilities
- Année
- 2014
- Date ajouter
- 19 août 2019
Paragraphe
Accessibility 2014, para. 46d
- Paragraph text
- [Article 30, paragraph 5, of the Convention provides that, in order to enable persons with disabilities to participate on an equal basis with others in recreational, leisure and sporting activities, States parties shall take appropriate measures:] To ensure that children with disabilities have equal access with other children to participation in play, recreation and leisure and sporting activities, including those activities in the school system;
- Organe
- Committee on the Rights of Persons with Disabilities
- Type de document
- General Comment / Recommendation
- Thèmes
- Equality & Inclusion
- Personnes concernées
- Children
- Persons with disabilities
- Année
- 2014
- Date ajouter
- 19 août 2019
Paragraphe
Accessibility 2014, para. 46c
- Paragraph text
- [Article 30, paragraph 5, of the Convention provides that, in order to enable persons with disabilities to participate on an equal basis with others in recreational, leisure and sporting activities, States parties shall take appropriate measures:] To ensure that persons with disabilities have access to sporting, recreational and tourism venues;
- Organe
- Committee on the Rights of Persons with Disabilities
- Type de document
- General Comment / Recommendation
- Thèmes
- Equality & Inclusion
- Personnes concernées
- Persons with disabilities
- Année
- 2014
- Date ajouter
- 19 août 2019
Paragraphe
Accessibility 2014, para. 45
- Paragraph text
- States parties shall take appropriate measures to enable persons with disabilities to have the opportunity to develop and utilize their creative, artistic and intellectual potential (art. 30, para. 2). "States parties shall take all appropriate steps, in accordance with international law, to ensure that laws protecting intellectual property rights do not constitute an unreasonable or discriminatory barrier to access by persons with disabilities to cultural materials" (art. 30, para. 3). The Marrakesh Treaty to Facilitate Access to Published Works for Persons Who Are Blind, Visually Impaired, or Otherwise Print Disabled of the World Intellectual Property Organization, adopted in June 2013, should ensure access to cultural material without unreasonable or discriminatory barriers for persons with disabilities, including people with disabilities living abroad or as a member of a minority in another country and who speak or use the same language or means of communication, especially those facing challenges accessing classic print materials. The Convention on the Rights of Persons with Disabilities provides that persons with disabilities are entitled, on an equal basis with others, to recognition and support of their specific cultural and linguistic identity. Article 30, paragraph 4, stresses the recognition of and support for sign languages and deaf culture.
- Organe
- Committee on the Rights of Persons with Disabilities
- Type de document
- General Comment / Recommendation
- Thèmes
- Equality & Inclusion
- Personnes concernées
- Persons with disabilities
- Année
- 2014
- Date ajouter
- 19 août 2019
Paragraphe
Accessibility 2014, para. 35
- Paragraph text
- Awareness-raising is one of the preconditions for the effective implementation of the Convention on the Rights of Persons with Disabilities. Since accessibility is often viewed narrowly, as accessibility to the built environment (which is significant, but only one aspect of access for persons with disabilities), States parties should strive systematically and continuously to raise awareness about accessibility among all relevant stakeholders. The all-encompassing nature of accessibility should be addressed, providing for access to the physical environment, transportation, information and communication, and services. Awareness-raising should also stress that the duty to observe accessibility standards applies equally to the public and to the private sector. It should promote the application of universal design and the idea that designing and building in an accessible way from the earliest stages is cost-effective and economical. Awareness-raising should be carried out in cooperation with persons with disabilities, their representative organizations and technical experts. Special attention should be paid to capacity-building for the application and monitoring of the implementation of accessibility standards. The media should not only take into account the accessibility of their own programmes and services for persons with disabilities, but should also take an active role in promoting accessibility and contributing to awareness-raising.
- Organe
- Committee on the Rights of Persons with Disabilities
- Type de document
- General Comment / Recommendation
- Thèmes
- Equality & Inclusion
- Personnes concernées
- Persons with disabilities
- Année
- 2014
- Date ajouter
- 19 août 2019
Paragraphe
Accessibility 2014, para. 28
- Paragraph text
- States parties are obliged to adopt, promulgate and monitor national accessibility standards. If no relevant legislation is in place, adopting a suitable legal framework is the first step. States parties should undertake a comprehensive review of the laws on accessibility in order to identify, monitor and address gaps in legislation and implementation. Disability laws often fail to include ICT in their definition of accessibility, and disability rights laws concerned with non-discriminatory access in areas such as procurement, employment and education often fail to include access to ICT and the many goods and services central to modern society that are offered through ICT. It is important that the review and adoption of these laws and regulations are carried out in close consultation with persons with disabilities and their representative organizations (art. 4, para. 3), as well as all other relevant stakeholders, including members of the academic community and expert associations of architects, urban planners, engineers and designers. Legislation should incorporate and be based on the principle of universal design, as required by the Convention (art. 4, para. 1 (f)). It should provide for the mandatory application of accessibility standards and for sanctions, including fines, for those who fail to apply them.
- Organe
- Committee on the Rights of Persons with Disabilities
- Type de document
- General Comment / Recommendation
- Thèmes
- Education
- Equality & Inclusion
- Governance & Rule of Law
- Personnes concernées
- Persons with disabilities
- Année
- 2014
- Date ajouter
- 19 août 2019
Paragraphe
Accessibility 2014, para. 12
- Paragraph text
- Given these precedents and the fact that accessibility is indeed a vital precondition for persons with disabilities to participate fully and equally in society and enjoy effectively all their human rights and fundamental freedoms, the Committee finds it necessary to adopt a general comment on article 9 of the Convention on accessibility, in accordance with its rules of procedure and the established practice of the human rights treaty bodies.
- Organe
- Committee on the Rights of Persons with Disabilities
- Type de document
- General Comment / Recommendation
- Thèmes
- Equality & Inclusion
- Governance & Rule of Law
- Personnes concernées
- Persons with disabilities
- Année
- 2014
- Date ajouter
- 19 août 2019
Paragraphe
Accessibility 2014, para. 2
- Paragraph text
- Article 25 (c) of the International Covenant on Civil and Political Rights enshrines the right of every citizen to have access, on general terms of equality, to public service in his or her country. The provisions of this article could serve as a basis to incorporate the right of access into the core human rights treaties.
- Organe
- Committee on the Rights of Persons with Disabilities
- Type de document
- General Comment / Recommendation
- Thèmes
- Equality & Inclusion
- Governance & Rule of Law
- Personnes concernées
- All
- N.A.
- Année
- 2014
- Date ajouter
- 19 août 2019
Paragraphe