Article 5 - Equality and non-discrimination
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Working Group | References
Draft article 7, paragraph
4. Following an extensive discussion of paragraph 5 of draft article 7, there was general agreement that the words “measures aimed at accelerating de facto equality of persons with disabilities shall not be considered discrimination” should remain in the text. There was, however, no agreement on whether the word “measures” should be qualified by an adjective such as “special”, or “positive”, and if so, which adjective would be preferable.
5. There was also general support for replacing the words “as defined in this Convention” by the words “on the basis of disability”.
6. The retention of the phrase “separate standards” was dependent upon the resolution of linguistic and substantive questions. There was no agreement reached on how the phrase on the discontinuation of special measures should be worded. The Coordinator referred these last two phrases to the facilitator (Stefan Barriga, Liechtenstein) for further work with delegations.
7. Reflecting the discussions, paragraph 5 of draft article 7 reads:
“5. [Special] [Positive] measures aimed at accelerating de facto equality of persons with disabilities shall not be considered discrimination on the basis of disability, [but shall in no way entail as a consequence the maintenance of unequal or separate standards]; [those measures shall be discontinued when the objectives of equality of opportunity and treatment have been achieved] [those measures shall be discontinued when they are no longer justified in the light of the objectives of equal opportunity and equal treatment].”