Guiding Principles of the Convention
There are eight guiding principles that underlie the Convention and each one of its specific articles:
(a) Respect for inherent dignity, individual autonomy including the freedom to make one’s own choices, and independence of persons
(b) Non-discrimination
(c) Full and effective participation and inclusion in society
(d) Respect for difference and acceptance of persons with disabilities as part of human diversity and humanity
(e) Equality of opportunity
(f) Accessibility
(g) Equality between men and women
(h)
Respect for the evolving capacities of children with disabilities and
respect for the right of children with disabilities to preserve their
identities
(a) Respect for inherent
dignity, individual autonomy including the freedom to make one’s own
choices, and independence of persons
Each person is entitled to make their own choices, and be assisted in doing so when necessary
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(b) Non-discrimination
Non-discrimination is a fundamental concept of all human rights law, and is found in all human rights conventions.
Discrimination is impermissible both in direct and indirect forms.
For example, it is direct discrimination for an employer to refuse to
employ someone on the basis of their disability, provided that person
can perform the job with reasonable accommodations provided by the
employer. It is indirect discrimination, for example, if during voting
for elected officials, accessible ballots are not made available for
persons with visual impairments.
Society must make ‘reasonable accommodation’ for persons with
disabilities. Failure to provide reasonable accommodation is a form of
discrimination. Reasonable accommodation means that adjustments and
modifications to the environment should be made, in order to allow
persons with disabilities to exercise the same rights and freedoms as
others.
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(c) Full and effective participation and inclusion in society
There are different levels on which participation of persons with disabilities is addressed in the Convention:
1. Participation is a guiding principle underlying the entire Convention and its specific articles
2. Ensuring the maximum participation in all activities of persons
with disabilities is an obligation of the State and of the society
3. Participation is a right which persons with disabilities have a legal right to claim
Why is participation important?
Full participation in all aspects of society is important in order
to empower individuals to fulfill their potentials as citizens and
contributing members of their communities.
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(d) Respect for difference and acceptance of persons with disabilities as part of human diversity and humanity
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(e) Equality of opportunity
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(f) Accessibility
The concept of Accessibility is specifically addressed in Article
9, but it is also a guiding principle of the Convention. This
Convention marks the first time that accessibility is mentioned in an
international human rights instrument, and it is defined within the
Convention a highly comprehensive manner.
It is not sufficient to only bestow rights to persons, but it is
also necessary to ensure that persons can feasibly access and enjoy what
is bestowed by these rights. Without access, rights are only
theoretical.
When thinking of accessibility, one often thinks of providing ramps
to buildings for wheelchair users. However, accessibility goes much
further than wheelchair ramps. Society must ensure access to things such
as roads, public transportation systems, pedestrian signs, public
facilities (schools, hospitals & clinics, housing, workplaces),
information and communication (websites, telephone systems). When one
stops to think about it, one begins to realise how much of society is
inaccessible to significant portions of its members.
The concept of accessibility as defined in the Convention is part
of the paradigm shift that the Convention represents in the evolution
of thinking of development and disability.
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(g) Equality between men and women
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(h) Respect for the evolving
capacities of children with disabilities and respect for the right of
children with disabilities to preserve their identities
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