CRPD/C/GC/6 mental health laws that legitimize forced institutionalization and forced treatment, which are discriminatory and must be abolished;7 non-consensual sterilization of women and girls with disabilities; inaccessible housing and institutionalization policy; 8 segregated education laws and policies;9 and election laws that disenfranchise persons with disabilities.10 31. The effective enjoyment of the rights to equality and non-discrimination calls for the adoption of enforcement measures, such as: (a) Measures to raise the awareness of all people about the rights of persons with disabilities under the Convention, the meaning of discrimination and the existing judicial remedies; (b) Measures to ensure rights contained in the Convention are actionable in domestic courts and provide access to justice for all persons who have experienced discrimination; (c) Protection from retaliation, such as adverse treatment or adverse consequences in reaction to a complaint or to proceedings aimed at enforcing compliance with equality provisions; (d) The legal right to bring a lawsuit to court and to pursue claims through associations, organizations or other legal entities that have a legitimate interest in the realization of the right to equality; (e) Specific rules relating to evidence and proof to ensure that stereotyped attitudes about the capacity of persons with disabilities do not result in victims of discrimination being inhibited in obtaining redress; (f) Effective, proportionate and dissuasive sanctions for breach of the right to equality and adequate remedies; (g) Sufficient and accessible provision of legal aid to ensure access to justice for the claimant in discrimination litigation. 32. States parties must identify areas or subgroups of persons with disabilities — including those who face intersectional discrimination — that require specific measures to accelerate or achieve inclusive equality. States parties are under an obligation to adopt specific measures for such groups. 33. Regarding the consultation obligations of States parties, article 4 (3) and article 33 (3) of the Convention emphasize the important role that organizations of persons with disabilities must play in the implementation and monitoring of the Convention. States parties must ensure that they consult closely and actively involve such organizations, which represent the vast diversity in society, including children, autistic persons, persons with a genetic or neurological condition, persons with rare and chronic diseases, persons with albinism, lesbian, gay, bisexual, transgender or intersex persons, indigenous peoples, rural communities, older persons, women, victims of armed conflicts and persons with an ethnic minority or migrant background. Only then can it be expected that all discrimination, including multiple and intersectional discrimination, will be tackled. 34. States parties have information obligations in relation to article 5 of the Convention in that they must collect and analyse appropriate data and research information in order to identify inequalities, discriminatory practices and patterns of disadvantage, and analyse the effectiveness of measures promoting equality. The Committee has observed that, in many States parties, there is a lack of updated data on disability discrimination and that often, in cases where the national law and regulations allow it, no differentiation is made according to impairment, gender, sex, gender identity, ethnicity, religion, age or other layers of 7 8 9 10 See Committee on the Rights of Persons with Disabilities, guidelines on article 14, paras. 6 and 14. Available from the Committee’s web page (www.ohchr.org/EN/HRBodies/CRPD/ Pages/CRPDIndex.aspx). See, for example, general comment No. 5 (2017) on living independently and being included in the community, para. 46. See general comment No. 4 (2016) on the right to inclusive education, para. 24. See Bujdosó et al v. Hungary (CRPD/C/10/D/4/2011). 9

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