CRPD/C/GC/6
Convention and change or abolish customs and practices that are discriminatory against
persons with disabilities;
(b)
Develop anti-discrimination laws where they do not exist and enact
disability-inclusive anti-discrimination laws that have a broad personal and material scope
and provide effective legal remedies. Such laws can only be effective if they are based on a
definition of disability that includes those who have long-term physical, including
psychosocial, intellectual or sensory impairments, and should include past, present, future
and presumed disabilities, as well as persons associated with persons with disabilities.
Persons victimized by disability-based discrimination seeking legal redress should not be
burdened by proving that they are “disabled enough” in order to benefit from the protection
of the law. Anti-discrimination law that is disability-inclusive seeks to outlaw and prevent a
discriminatory act rather than target a defined protected group. In that regard, a broad
impairment-related definition of disability is in line with the Convention;
(c)
Ensure that non-discrimination legislation extends to the private and public
spheres, covers areas including education, employment, goods and services, and tackles
disability-specific discrimination, such as segregated education, institutionalization, denial
or restriction of legal capacity, forced mental health treatment, denial of the provision of
sign language instructions and professional sign language interpretation, and denial of
Braille or other alternative and augmentative modes, means and formats of communication;
(d)
Promote the full inclusion of mainstream employment and vocational training
services, including those that promote entrepreneurship and support the establishment of
cooperatives and other forms of social economy;
(e)
Ensure that the protection from discrimination for persons with disabilities
has the same standard as for other social groups;
(f)
Develop and carry out knowledge and capacity-building programmes,
including training within public authorities and the informal economy, to ensure
compliance with the Convention. Awareness and capacity-building should be developed
and implemented with the meaningful participation of persons with disabilities and
organizations representing the diverse range of persons with disabilities, and are crucial
components for establishing a culture of tolerance and diversity, which is the bedrock for
anti-discrimination law and policy;
(g)
Monitor the number of discrimination claims on the basis of disability as a
proportion of the total number of claims of discrimination, disaggregated by sex, age,
barriers identified and the sector in which the alleged discrimination occurred, and provide
information about cases that are settled out of court, in court and adjudicated, and the
number of judgments that lead to compensation or sanctions;
(h)
Establish accessible and effective redress mechanisms and ensure access to
justice, on an equal basis with others, for victims of discrimination based on disability. This
encompasses access by all persons with disabilities to effective judicial and/or
administrative procedures, including effective and accessible complaint mechanisms, and to
appropriate and — where applicable and subject to statutory test of means and merits —
affordable quality legal aid. States parties should intervene in an effective and timely
manner in the event of actions or omissions of public and private actors that violate the
right to equality and non-discrimination of individual persons with disabilities and groups
of persons with disabilities, both in relation to civil and political rights as well as economic,
social and cultural rights. The recognition of judicial remedies of a collective nature or class
actions can significantly contribute to effectively guaranteeing access to justice in situations
that affect groups of persons with disabilities;
(i)
Include in national anti-discrimination law the protection of individuals from
adverse treatment or adverse consequences as a reaction to complaints or to proceedings
aimed at enforcing compliance with equality provisions. Anti-discrimination legislation
should also ensure that victims of discrimination are not unduly inhibited in obtaining
redress or re-victimized. In particular, procedural rules should shift the burden of proof in
civil procedures from the claimant to the respondent in cases where there are facts from
which it may be presumed that there has been discrimination;
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