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Article 5 - Equality and non-discrimination
Background Documents | Article 5 Background
Seventh Session | Fifth Session | Fourth
Session | Third Session
Working Group | References
Fifth Session
Report of the Coordinator to the Fifth Session
Draft article 7, paragraph
5
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].”