Module 5 Understand how discrimination on the basis of disability manifests itself Recognize different forms of discrimination against persons with disabilities Understand the link between nondiscrimination and equality ID: 1032491
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1. Discriminationon the basis of disabilityModule 5
2. Understand how discrimination on the basis of disability manifests itselfRecognize different forms of discrimination against persons with disabilitiesUnderstand the link between non-discrimination and equalityUnderstand who is responsible for combating discrimination and what measures they should takeForms of discriminationNon-discrimination in the ConventionReasonable accommodationExamples of discrimination on the basis of disabilitySpecific measures to promote equalityWho’s responsible?ObjectiveModule flow
3. Forms of discriminationmultiplediscrimination
4. Discrimination on the basis of disabilityAny distinction, exclusion or restriction on the basis of disability which has the purpose or effect of impairing or nullifying the recognition, enjoyment or exerciseon an equal basis with othersof all human rights and fundamental freedoms in the political, economic, social, cultural, civil or any other field. It encompasses all forms of discrimination, including denial of reasonable accommodation
5. Reasonable accommodationNecessary 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
6. Reasonable accommodationElementsIs of immediate realizationApplies in individual casesApplies upon request of a person with disabilityImplies an objective reasonableness test
7. Reasonable accommodationObjective Reasonableness TestElementsConfidentialityInteractive dialogueObjective justification
8. Reasonable accommodationConfidentialityConfidentiality should be ensured throughout the processDisclosure of accommodation needs must be up to the individual concerned
9. Reasonable accommodationInteractive DialogueThe duty bearer and the right holder should engage in an interactive dialogue in order to identify the necessary accommodationIf there is agreement among them, the accommodation is provided and the process endsIf there is no agreement, the duty bearer must prove the objective justification to avoid responsibility on the basis of discrimination
10. Reasonable accommodationObjective Resonableness TestObjective JustificationThe duty-bearer can deny a reasonable accommodation without incurring discrimination on the basis of disability by demonstrating that either it is not:Feasible (legally or in practice)Relevant (“necessary” and “appropriate”), orProportional (“disproportionate or undue burden”)The factors must be clear, objectively measureable and neither vague nor ambiguousThis is to avoid arbitrariness and prevent discrimination
11. Reasonable accommodationObjective justificationFeasibleCannot breach the lawA requested party can only provide accommodations that exist and are available
12. Reasonable accommodationObjective justificationRelevantThe accommodation must be relevant to its purposeThe duty-bearer must prove that the accommodation requested was irrelevant for the effective realization of the right concernedParticular attention should be paid in inclusive education and employment accommodations
13. Reasonable accommodationObjective justificationProportionalAssessment of the relationship between the:Means employed – time, cost, duration and impact ANDThe aim – which is the enjoyment of the right concernedFinancial feasibility:Focuses on the possible financial options for the requested partyEconomic feasibility:Looks at the overall assets rather than the cash flow alone
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15. Discrimination on the basis of disabilityCivil lifeDenial of legal capacityForced institutionalizationForced sterilizationPolitical lifeDenial of the right to voteSocial and cultural lifeSegregated educationForced medical treatmentExclusion from the communityInaccessible environmentsNegative attitudesEconomic lifeDenial of reasonable accommodationDenial of property rights
16. Specific measuresspecific measures which are necessary to accelerate or achieve de facto equality of persons with disabilities shall not be considered discrimination under the terms of the present Convention [art. 5 (4)] employment in the public sector (art. 27 (1))individualized support (art. 24 (2) (e))affirmative action, incentives (art. 27 (1))measures to establish support framework (art. 12 (3))etc.
17. Who is responsible?Private sectorCommunity members,familiesStatesIndividualLaws and policiesResource allocationInclusive servicesAwareness-raisingTrainingResearchRemedy
18. ResourcesConvention on the Rights of Persons with DisabilitiesEquality and non-discrimination under article 5 of the Convention on the Rights of Persons with Disabilities; Report of the Office of the United Nations High Commissioner for Human Rights (2016)Promoting diversity and inclusion through workplace adjustments: A practical guide; ILO (2016)Committee on the Rights of Persons with Disabilities, General Comment on article 5 on equality and non-discrimination (draft)Committee on the Rights of Persons with Disabilities, General Comment on article 6 on women and girls with disabilities