Although equality and non-discrimination are international law principles, the Committee has identified implementation gaps with regard to article 5 of the Convention on the Rights of Persons with Disabilities. Throughout the more than 60 State party reviews it has carried out, the Committee has observed that disability-based differential treatment with detrimental consequences persists. It also notes that such treatment is wrongly justified and carried out in the guise of “protection”, “beneficial treatment” or being “in the best interests” of persons with disabilities and is not in line with the human rights model of disability.

n order to detail its position and jurisprudence, the Committee has endorsed a Draft General Comment on equality and non-discrimination during its 18th session. The Committee invites interested States parties, focal points, coordination mechanisms, independent monitoring frameworks, national human rights institutions, equality bodies, United Nations funds, programmes, and specialized agencies, entities in the private sector, civil society organizations, and particularly representative organizations of persons with disabilities, academia and any other interested party to provide written input on the issues highlighted above and to contribute to the development of the draft.

Please send submissions electronically to: Ms. Harumi Fuentes at This email address is being protected from spambots. You need JavaScript enabled to view it. , copying  Mr. Jorge Araya, Secretary of the Committee, at This email address is being protected from spambots. You need JavaScript enabled to view it. indicating in the subject line “Draft general comment on art. 5” by 30 November 2017.

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Date of publication: 26-10-2017
Updated: 23-11-2017