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Guiding Principles of the Convention
There are eight guiding principles that underlie the Convention and each one of its specific articles:
(a) Respect for inherent dignity, individual autonomy including the freedom to make one’s own choices, and independence of persons
(c) Full and effective participation and inclusion in society
(d) Respect for difference and acceptance of persons with disabilities as part of human diversity and humanity
(g) Equality between men and women
(h) Respect for the evolving capacities of children with disabilities and respect for the right of children with disabilities to preserve their identities
(a) Respect for inherent dignity, individual autonomy including the freedom to make one’s own choices, and independence of persons
Each person is entitled to make their own choices, and be assisted in doing so when necessary
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Non-discrimination is a fundamental concept of all human rights law, and is found in all human rights conventions.
Discrimination is impermissible both in direct and indirect forms. For example, it is direct discrimination for an employer to refuse to employ someone on the basis of their disability, provided that person can perform the job with reasonable accommodations provided by the employer. It is indirect discrimination, for example, if during voting for elected officials, accessible ballots are not made available for persons with visual impairments.Society must make ‘reasonable accommodation’ for persons with disabilities. Failure to provide reasonable accommodation is a form of discrimination. Reasonable accommodation means that adjustments and modifications to the environment should be made, in order to allow persons with disabilities to exercise the same rights and freedoms as others.
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(c) Full and effective participation and inclusion in society
There are different levels on which participation of persons with disabilities is addressed in the Convention:
1. Participation is a guiding principle underlying the entire Convention and its specific articles
2. Ensuring the maximum participation in all activities of persons with disabilities is an obligation of the State and of the society
3. Participation is a right which persons with disabilities have a legal right to claim
Why is participation important?
Full participation in all aspects of society is important in order to empower individuals to fulfill their potentials as citizens and contributing members of their communities.
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(d) Respect for difference and acceptance of persons with disabilities as part of human diversity and humanity
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(e) Equality of opportunity
TopThe concept of Accessibility is specifically addressed in Article 9, but it is also a guiding principle of the Convention. This Convention marks the first time that accessibility is mentioned in an international human rights instrument, and it is defined within the Convention a highly comprehensive manner.
It is not sufficient to only bestow rights to persons, but it is also necessary to ensure that persons can feasibly access and enjoy what is bestowed by these rights. Without access, rights are only theoretical.
When thinking of accessibility, one often thinks of providing ramps to buildings for wheelchair users. However, accessibility goes much further than wheelchair ramps. Society must ensure access to things such as roads, public transportation systems, pedestrian signs, public facilities (schools, hospitals & clinics, housing, workplaces), information and communication (websites, telephone systems). When one stops to think about it, one begins to realise how much of society is inaccessible to significant portions of its members.
The concept of accessibility as defined in the Convention is part of the paradigm shift that the Convention represents in the evolution of thinking of development and disability.
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(g) Equality between men and women
(h) Respect for the evolving capacities of children with disabilities and respect for the right of children with disabilities to preserve their identities
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