PART TWO: CONTENT OF COMPREHENSIVE ANTI-DISCRIMINATION LAW or effect” of “violating the dignity of a person” and of “creating an intimidating, hostile, degrading, humiliating or offensive environment”.276 The Committee on Economic, Social and Cultural Rights has urged States to “define harassment broadly” within their anti-discrimination laws, “with explicit reference to sexual and other forms of harassment, such as on the basis of sex, disability, race, sexual orientation, gender identity and intersex status”.277 (d) Denial of reasonable accommodation PART TWO – I SUMMARY • Denial of reasonable accommodation is a form of discrimination that should be prohibited in antidiscrimination law. It should be defined as follows: Reasonable accommodation means necessary and appropriate modifications or adjustments or support, not imposing a disproportionate or undue burden, to ensure the enjoyment or exercise on an equal basis with others of human rights and fundamental freedoms and equal participation in any area of life regulated by law. Denial of reasonable accommodation is a form of discrimination. To ensure that all individuals are able to participate in society on an equal basis, modifications or adjustments to rules, practices, means of communication, and physical or other infrastructure may be required. Such adjustments are known as “reasonable accommodation”. Failure to provide reasonable accommodation in a particular case – in situations in which such adjustments do not impose a “disproportionate or undue burden” – is recognized as a form of discrimination in international law. PHILIPPINES: REASONABLE ACCOMMODATION ON THE BASIS OF DISABILITY UNDER THE DRAFT COMPREHENSIVE ANTI-DISCRIMINATION ACT Section 3 (u) “Reasonable Accommodation refers to necessary and appropriate modification and adjustments not imposing a disproportionate or undue burden, where needed in a particular case, to ensure to persons with disabilities the enjoyment or exercise on an equal basis with others of all human rights and fundamental freedoms.” Denial of reasonable accommodation is included as a form of disability discrimination under article 2 of the Convention on the Rights of Persons with Disabilities278 and has been recognized as such by treaty bodies, including the Committee on Economic, Social and Cultural Rights,279 the Human Rights Committee280 and the Committee on the Elimination of Discrimination against Women.281 In its recent case law, the Inter-American Court of Human Rights has found a violation of the right to non-discrimination under article 1 (1) of the American Convention on Human Rights due to a denial of reasonable accommodation and accessibility 276 Committee on the Rights of Persons with Disabilities, general comment No. 6 (2018), para. 18 (d); Council Directive 2000/43/EC of 29 June 2000 implementing the principle of equal treatment between persons irrespective of racial or ethnic origin, art. 2 (3); Council Directive 2000/78/EC of 27 November 2000 establishing a general framework for equal treatment in employment and occupation, art. 2 (3); Council Directive 2004/113/EC of 13 December 2004 implementing the principle of equal treatment between men and women in the access to and supply of goods and services, art. 2 (c); and Directive 2006/54/EC of the European Parliament and of the Council of 5 July 2006 on the implementation of the principle of equal opportunities and equal treatment of men and women in matters of employment and occupation (recast), art. 2 (1) (c). 277 Committee on Economic, Social and Cultural Rights, general comment No. 23 (2016), para. 48. 278 See also Committee on the Rights of Persons with Disabilities, general comment No. 6 (2018), paras. 17 and 18 (c). 279 See, for example, Committee on Economic, Social and Cultural Rights, general comment No. 20 (2009), para. 28. 280 See, for example, CCPR/C/BGR/CO/4, para. 17. 281 See, for example, in the context of the right to education, Committee on the Elimination of Discrimination against Women, general recommendation No. 36 (2017), para. 46 (f). 39