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.
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