General Comment 6 (2018) on Equality and Non-discrimination

Abstract

Article 5 of the Convention on the Rights of Persons with Disabilities (CRPD) deals with equality and non-discrimination. It specifically provides: 1. States Parties recognize that all persons are equal before and under the law and are entitled without any discrimination to the equal protection and equal benefit of the law. 2. States Parties shall prohibit all discrimination on the basis of disability and guarantee to persons with disabilities equal and effective legal protection against discrimination on all grounds. 3. In order to promote equality and eliminate discrimination, States Parties shall take all appropriate steps to ensure that reasonable accommodation is provided. 4. 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. General comment no 6 clarifies the obligations of States parties regarding equality for and non-discrimination of persons with disabilities. It begins by considering equality for and non-discrimination of persons with disabilities in international law (Section II) followed by a discussion of the human rights model of disability and inclusive equality (Section III). It then discusses the legal character of non-discrimination and equality (Section IV), the normative content of Article 5 CRPD (Section v), the general obligations of States parties under the Convention relating to non-discrimination and equality (Section VI), the relationship of Article 5 with other specific articles of the Convention (Section VII), followed by implementation at the national level (Section VIII).