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UN Programme on Disability   Working for full participation and equality

Jurisprudence of human rights treaty bodies
(Draft Article 7)

Accronyms:
CESCR: Committee on Economic, Social and Cultural Rights
HRC (ICCPR): Human Rights Committee
CERD: Committee on the Elimination of Racial Discrimination
CEDAW: Committee on the Elimination of All Forms of Discrimination against Women
CAT: Committee Against Torture
CRC: Committee on the Rights of the Child


Related references under Draft Article 7, paragraph 2 (a)

CESCR General Comment no. 5 (Persons with disabilities), para. 15: For the purposes of the Covenant, "disability-based discrimination" may be defined as including any distinction, exclusion, restriction or preference, or denial of reasonable accommodation based on disability which has the effect of nullifying or impairing the recognition, enjoyment or exercise of economic, social or cultural rights.

Related references under Draft Article 7, paragraph 4

Cfr. CESCR General Comment no. 5 (Persons with disabilities), para. 15: For the purposes of the Covenant, "disability-based discrimination" may be defined as including any distinction, exclusion, restriction or preference, or denial of reasonable accommodation based on disability which has the effect of nullifying or impairing the recognition, enjoyment or exercise of economic, social or cultural rights.

Related references under Draft Article 7, paragraph 5

CESCR General Comment no. 5 (Persons with disabilities), para. 18: Because appropriate measures need to be taken to undo existing discrimination and to establish equitable opportunities for persons with disabilities, such actions should not be considered discriminatory in the sense of article 2 (2) of the International Covenant on Economic, Social and Cultural Rights as long as they are based on the principle of equality and are employed only to the extent necessary to achieve that objective.

See also CEDAW General Recommendation no. 25 (Temporary special measures)

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