CRPD/C/GC/6
identity. Such data and its analysis are of paramount importance for developing effective
anti-discrimination and equality measures.
35.
States parties should also conduct appropriate research on disability discrimination
and equality rights for persons with disabilities. Research agendas must embed persons with
disabilities in research processes from the agenda-setting stage to ensure their meaningful
participation in research. Inclusive and participatory research processes should ensure a
safe space for participants and centre around the lived experiences and requirements of
persons with disabilities.
VII. Relationship with other specific articles of the Convention
A.
Article 6 on women with disabilities
36.
Women and girls with disabilities are among those groups of persons with
disabilities who most often experience multiple and intersectional discrimination. 11 Article
6 is a cross-cutting article and must be taken into account in relation to all provisions of the
Convention.12 While only article 6 mentions the term “multiple discrimination”, multiple
and intersectional discrimination may occur in any combination of two or more grounds.
Article 6 is a binding equality and non-discrimination article that prohibits discrimination
against women and girls with disabilities and obliges States parties to promote equality of
both opportunity and outcomes. Moreover, article 6, like article 7, must be regarded as
illustrative, rather than exhaustive, setting out obligations in respect of the two prominent
examples of multiple and intersectional discrimination.
B.
Article 7 on children with disabilities
37.
Children with disabilities often experience multiple, and intersectional
discrimination. States parties must prohibit all forms of discrimination on the basis of
disability that are specific to children; provide effective and accessible remedies; and raise
awareness among the public and professionals to prevent and eliminate discrimination. In
many States parties, for instance, children can lawfully be assaulted under the guise of
“discipline” or “safety” (e.g. restraint). This physical punishment often disproportionately
affects children with disabilities. States parties must prohibit all forms of corporal
punishment and cruel, inhuman and degrading treatment of children, in all settings, and
ensure appropriate measures are taken to enforce this ban.
38.
The concept of the “best interests of the child” contained in article 3 of the
Convention on the Rights of the Child should be applied to children with disabilities with
careful consideration of their circumstances. States parties should promote the
mainstreaming of disability in general laws and policies on childhood and adolescence. The
concept of best interest, however, should not be used to prevent children, especially girls
with disabilities, from exercising their right to bodily integrity. It should be used to ensure
that children with disabilities are informed, consulted and have a say in every decisionmaking process related to their situation. In particular, States parties should address
violence and institutionalization of children with disabilities, who are denied the right to
grow up in their families as a matter of discrimination. States parties should implement
deinstitutionalization strategies that help children to live with their families or in alternative
family care in the community. States parties should also adopt support measures to enable
all children with disabilities to exercise their right to be heard, in all procedures that affect
them, including in parliament, committees and bodies of political decision-making.
11
12
10
See Committee on the Elimination of Discrimination against Women general recommendation No. 28
(2010) on the core obligations of States parties under article 2 of the Convention, para. 31.
See Committee on the Rights of Persons with Disabilities general comment No. 3, para. 12.