CRPD/C/GC/3
part of human diversity and humanity; equality of opportunity; accessibility; equality
between men and women; and respect for the evolving capacities of children with
disabilities and respect for the right of children with disabilities to preserve their identities.
12.
Article 6 is a cross-cutting article related to all the other articles of the Convention.
It should remind States parties to include the rights of women and girls with disabilities in
all actions aimed at implementing the Convention. In particular, positive measures need to
be taken in order to ensure that women with disabilities are protected against multiple
discrimination and can enjoy human rights and fundamental freedoms on an equal basis
with others.
Article 6 (1)
13.
Article 6 (1) recognizes that women with disabilities are subject to multiple
discrimination and requires that States parties take measures to ensure the full and equal
enjoyment by women with disabilities of all human rights and fundamental freedoms. The
Convention refers to multiple discrimination in article 5 (2), which not only requires States
parties to prohibit any kind of discrimination based on disability, but also to protect against
discrimination on other grounds. 22 The Committee has included, in its jurisprudence,
reference to measures to address multiple and intersectional discrimination. 23
14.
“Discrimination on the basis of disability” is defined in article 2 of the Convention
as any distinction, exclusion or restriction on the basis of disability that has the purpose or
effect of impairing or nullifying the recognition, enjoyment or exercise, on an equal basis
with others, of all human rights and fundamental freedoms in the political, economic, social,
cultural, civil or any other field. It includes all forms of discrimination, including denial of
reasonable accommodation. “Discrimination against women” is defined in article 1 of the
Convention on the Elimination of All Forms of Discrimination against Women as any
distinction, exclusion or restriction made on the basis of sex that has the effect or purpose
of impairing or nullifying the recognition, or enjoyment or exercise by women, irrespective
of their marital status, on a basis of equality of men and women, of human rights and
fundamental freedoms in the political, economic, social, cultural, civil or any other field.
15.
In article 2 of the Convention on the Rights of Persons with Disabilities, “reasonable
accommodation” is defined as necessary and appropriate modifications 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. Consequently, and in line with article 5 (2) of the
Convention, States parties must guarantee to persons with disabilities equal and effective
legal protection against discrimination on all grounds. In its recent jurisprudence, the
Committee on the Elimination of Discrimination against Women has made reference to
reasonable accommodation in connection to women with disabilities’ access to
employment.24 The duty to provide reasonable accommodation is an ex nunc duty, meaning
that it is enforceable from the moment a person requests it in a given situation in order to
enjoy his or her rights on an equal basis in a particular context. Failure to provide
reasonable accommodation for women with disabilities may amount to discrimination
22
23
24
4
See Committee on the Elimination of Discrimination against Women, general recommendation No.
25, para. 12.
See CRPD/C/MUS/CO/1, CRPD/C/BRA/CO/1, CRPD/C/CZE/CO/1, CRPD/C/DNK/CO/1,
CRPD/C/AUS/CO/1, CRPD/C/SWE/CO/1 and CRPD/C/DEU/CO/1, among others.
See, for example, CEDAW/C/HUN/CO/7-8 and Corr.1, para. 45.