PART TWO: CONTENT OF COMPREHENSIVE ANTI-DISCRIMINATION LAW has set out in detail equal participation as a cross-cutting issue of the relevant Convention.841 The Special Rapporteur on the rights of persons with disabilities has stated that: “The active participation of persons with disabilities in decision-making is a requirement of the human rights model of disability.”842 PART TWO – V This obligation to consult and engage those exposed to discrimination applies to the development of all discrimination laws and policies. For example, in commenting on the selection of measures to eliminate discrimination, the Committee on Economic, Social and Cultural Rights has noted that “individuals and groups of individuals, who may be distinguished by one or more of the prohibited grounds, should be ensured the right to participate in decision-making processes”.843 Similarly, the Committee on the Elimination of Discrimination against Women has recommended that States “ensure that women are able to participate actively in the development, implementation and monitoring” of their overarching policy to eliminate discrimination; noting further that “resources must be devoted to ensuring that human rights and women’s non-governmental organizations are well-informed, adequately consulted and generally able to play an active role in the initial and subsequent development of the policy”.844 These requirements reflect long-standing principles of international human rights law, as articulated, for example, in the Declaration on the Rights of Persons Belonging to National or Ethnic, Religious and Linguistic Minorities, article 2 of which states that “persons belonging to minorities have the right to participate effectively in decisions on the national and, where appropriate, regional level”. As in other areas, both the Convention on the Rights of Persons with Disabilities and its corresponding Committee articulate the current best practice, reflecting the Convention’s overarching focus on ensuring full participation for persons with disabilities in all areas of life. Article 4 (3) of the Convention provides that States should closely consult with and actively involve persons with disabilities in the development and implementation of legislation and policies, while article 33 (3) provides that persons with disabilities should be involved and participate in the monitoring of the Convention’s implementation. As discussed above, the Committee has noted expressly that both the development of policies and strategies and the monitoring and implementation of the Convention must be carried out with the participation of persons with disabilities. The Committee has also noted the particular importance of close consultation with and active involvement of civil society organizations, with a particular view to ensuring representation of the “vast diversity in society” and the need to tackle intersectional discrimination.845 841 Committee on the Rights of Persons with Disabilities, general comment No. 7 (2018). 842 A/HRC/43/41, para. 46. 843 Committee on Economic, Social and Cultural Rights, general comment No. 20 (2009), para. 36. 844 Committee on the Elimination of Discrimination against Women, general recommendation No. 28 (2010), para. 27. 845 Committee on the Rights of Persons with Disabilities, general comment No. 6 (2018), para. 33. 121

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