Understanding Discrimination on the Basis of Disability
Manifestation of discrimination based on disability, forms of discrimination, reasonable accommodation, responsibility for combatting discrimination, and the importance of non-discrimination and equality in ensuring human rights and freedoms for persons with disabilities are explored within this module.
Download Presentation
Please find below an Image/Link to download the presentation.
The content on the website is provided AS IS for your information and personal use only. It may not be sold, licensed, or shared on other websites without obtaining consent from the author. Download presentation by click this link. If you encounter any issues during the download, it is possible that the publisher has removed the file from their server.
E N D
Presentation Transcript
Discrimination on the basis of disability Module 5
Objective Module flow Understand how discrimination on the basis of disability manifests itself Forms of discrimination Non-discrimination in the Convention Recognize different forms of discrimination against persons with disabilities Reasonable accommodation Examples of discrimination on the basis of disability Understand the link between non-discrimination and equality Specific measures to promote equality Understand who is responsible for combating discrimination and what measures they should take Who s responsible?
Forms of discrimination ? indirect discrimination right based discrimination ? direct in fact discrimination discrimination systemic discrimination multiple discrimination
Discrimination on the basis of disability Any distinction, exclusion or restriction on the basis of disability which 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 encompasses all forms of discrimination, including denial of reasonable accommodation
Reasonable accommodation Necessary and appropriate modification 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
Reasonable accommodation Elements Is of immediate realization Applies in individual cases Applies upon request of a person with disability Implies an objective reasonableness test
Reasonable accommodation Objective Reasonableness Test Elements Confidentiality Interactive dialogue Objective justification
Reasonable accommodation Confidentiality Confidentiality should be ensured throughout the process Disclosure of accommodation needs must be up to the individual concerned
Reasonable accommodation Interactive Dialogue The duty bearer and the right holder should engage in an interactive dialogue in order to identify the necessary accommodation If there is agreement among them, the accommodation is provided and the process ends If there is no agreement, the duty bearer must prove the objective justification to avoid responsibility on the basis of discrimination
Reasonable accommodation Objective Resonableness Test Objective Justification The duty-bearer can deny a reasonable accommodation without incurring discrimination on the basis of disability by demonstrating that either it is not: Feasible (legally or in practice) Relevant ( necessary and appropriate ), or Proportional ( disproportionate or undue burden ) The factors must be clear, objectively measureable and neither vague nor ambiguous This is to avoid arbitrariness and prevent discrimination
Reasonable accommodation Objective justification Feasible Cannot breach the law A requested party can only provide accommodations that exist and are available
Reasonable accommodation Objective justification Relevant The accommodation must be relevant to its purpose The duty-bearer must prove that the accommodation requested was irrelevant for the effective realization of the right concerned Particular attention should be paid in inclusive education and employment accommodations
Reasonable accommodation Objective justification Proportional Assessment of the relationship between the: Means employed time, cost, duration and impact AND The aim which is the enjoyment of the right concerned Financial feasibility: Focuses on the possible financial options for the requested party Economic feasibility: Looks at the overall assets rather than the cash flow alone
Request for Reasonable Accommodation Interactive Dialogue Confidentiality Agreement No agreement Objective Justification Test No discrimination Relevant Feasible Proportional
Discrimination on the basis of disability Social and cultural life Segregated education Forced medical treatment Exclusion from the community Inaccessible environments Negative attitudes Civil life Denial of legal capacity Forced institutionalization Forced sterilization Economic life Denial of reasonable accommodation Denial of property rights Political life Denial of the right to vote
Specific measures specific measures which are necessary to accelerate or achieve de facto equality of persons with disabilities shall not be considered discrimination under the terms of the present Convention [art. 5 (4)] employment in the public sector (art. 27 (1)) individualized support (art. 24 (2) (e)) affirmative action, incentives (art. 27 (1)) measures to establish support framework (art. 12 (3)) etc.
Who is responsible? Private sector Awareness- raising Training Laws and policies States Resource allocation Research Individual Inclusive services Remedy Community members, families
Resources Convention on the Rights of Persons with Disabilities Equality and non-discrimination under article 5 of the Convention on the Rights of Persons with Disabilities; Report of the Office of the United Nations High Commissioner for Human Rights (2016) Promoting diversity and inclusion through workplace adjustments: A practical guide; ILO (2016) Committee on the Rights of Persons with Disabilities, General Comment on article 5 on equality and non- discrimination (draft) Committee on the Rights of Persons with Disabilities, General Comment on article 6 on women and girls with disabilities
