CRPD/C/GC/6
relationship between the means employed and its aim, which is the enjoyment of the right
concerned;
(e)
Ensuring that the reasonable accommodation is suitable to achieve the
essential objective of the promotion of equality and the elimination of discrimination
against persons with disabilities. A case-by-case approach based on consultations with the
relevant body charged with reasonable accommodation and the person concerned is
therefore required. Potential factors to be considered include financial costs, resources
available (including public subsidies), the size of the accommodating party (in its entirety),
the effect of the modification on the institution or the enterprise, third-party benefits,
negative impacts on other persons and reasonable health and safety requirements.
Regarding the State party as a whole and the private sector entities, overall assets rather
than just the resources of a unit or department within an organizational structure must be
considered;
(f)
Ensuring that the persons with a disability more broadly do not bear the costs;
(g)
Ensuring that the burden of proof rests with the duty bearer who claims that
his or her burden would be disproportionate or undue.
27.
Any justification of the denial of reasonable accommodation must be based on
objective criteria and analysed and communicated in a timely fashion to the person with a
disability concerned. The justification test in reasonable accommodation is related to the
length of the relationship between the duty bearer and the rights holder.
E.
Article 5 (4) on specific measures
28.
Specific measures not to be regarded as discrimination are positive or affirmative
measures that aim to accelerate or achieve de facto equality of persons with disabilities.
Such measures are mentioned in other international human rights treaties, such as article 4
of the Convention on the Elimination of All Forms of Discrimination against Women or
article 1 (4) of the International Convention on the Elimination of All Forms of Racial
Discrimination, and entail adopting or maintaining certain advantages in favour of an
underrepresented or marginalized group. They are usually temporary in nature, although in
some instances permanent specific measures are required, depending on context and
circumstances, including by virtue of a particular impairment or the structural barriers of
society. Examples of specific measures include outreach and support programmes,
allocation and/or reallocation of resources, targeted recruitment, hiring and promotion,
quota systems, advancement and empowerment measures, as well as respite care and
technological aids.
29.
Specific measures adopted by States parties under article 5 (4) of the Convention
must be consistent with all its principles and provisions. In particular, they must not result
in perpetuation of isolation, segregation, stereotyping, stigmatization or otherwise
discrimination against persons with disabilities. Thus, States parties must consult closely
with and actively involve representative organizations of persons with disabilities when
they adopt specific measures.
VI. General obligations of States parties under the Convention
relating to non-discrimination and equality
30.
States parties have an obligation to respect, protect and fulfil the right of all persons
with disabilities to non-discrimination and equality. In that regard, States parties must
refrain from any action that discriminates against persons with disabilities. In particular,
States parties shall modify or abolish existing laws, regulations, customs and practices that
constitute such discrimination. The Committee has often given examples in that regard
including: guardianship laws and other rules infringing upon the right to legal capacity; 6
6
8
See Committee on the Rights of Persons with Disabilities general comment No. 1 (2014) on equal
recognition before the law.