CRPD/C/GC/3
disabilities throughout their lifespan. It is not enough to take women with disabilities into
account when designing development measures; rather, women with disabilities must also
be able to participate in and contribute to society.
23.
In line with a human rights-based approach, ensuring the empowerment of women
with disabilities means promoting their participation in public decision-making. Women
and girls with disabilities have historically encountered many barriers to participation in
public decision-making. Owing to power imbalances and multiple forms of discrimination,
they have had fewer opportunities to establish or join organizations that can represent their
needs as women and persons with disabilities. States parties should reach out directly to
women and girls with disabilities and establish adequate measures to guarantee that their
perspectives are fully taken into account and that they will not be subjected to any reprisals
for expressing their points of view and concerns, especially in relation to sexual and
reproductive health and rights, as well as gender-based violence, including sexual violence.
Finally, States parties must promote the participation of representative organizations of
women with disabilities, not just disability-specific consultative bodies and mechanisms. 31
III. States parties’ obligations
24.
States parties to the Convention have an obligation to respect, protect and fulfil the
rights of women with disabilities, both under article 6 and under all other substantive
provisions, in order to guarantee them the enjoyment and exercise of all human rights and
fundamental freedoms. These duties imply taking legal, political, administrative,
educational and other measures.
25.
The obligation to respect requires States parties to refrain from interfering with the
enjoyment of the rights of women with disabilities. As such, existing laws, regulations,
customs and practices that constitute discrimination against women with disabilities must
be abolished. Laws that do not allow women with disabilities to marry or choose the
number and spacing of their children on an equal basis with others are common examples
of such discrimination. Furthermore, the duty to respect implies refraining from engaging in
any act or practice that is inconsistent with article 6 and other substantive provisions and
ensuring that public authorities and institutions act in conformity with them. 32
26.
The obligation to protect means that States parties have to ensure that the rights of
women with disabilities are not infringed upon by third parties. Thus, States parties must
take all appropriate measures to eliminate discrimination on the basis of sex and/or
impairment by any person, organization or private enterprise. It also includes the duty to
exercise due diligence by preventing violence or violations of human rights, protecting
victims and witnesses from violations, investigating, prosecuting and punishing those
responsible, including private actors, and providing access to redress and reparations where
human rights violations occur.33 For example, States parties could promote the training of
professionals in the justice sector to make sure that there are effective remedies for women
with disabilities who have been subjected to violence.
27.
The obligation to fulfil imposes an ongoing and dynamic duty to adopt and apply the
measures needed to secure the development, advancement and empowerment of women
with disabilities. States parties must adopt a twin-track approach by: (a) systematically
mainstreaming the interests and rights of women and girls with disabilities in all national
31
32
33
See A/HRC/31/62, para. 70.
See art. 4 (1) (d) of the Convention on the Rights of Persons with Disabilities.
See joint general recommendation No. 31 of the Committee on the Elimination of Discrimination
against Women/general comment No. 18 of the Committee on the Rights of the Child (2014) on
harmful practices, footnote 6.
7