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Background Documents | Article 2 Background
Seventh Session | Fourth
Session | Third Session
Working Group | References
References
Jurisprudence of human rights treaty bodies
CESCR: Committee
on Economic, Social and Cultural Rights
HRC (ICCPR): Human Rights Committee
CERD: Committee on the Elimination of Racial Discrimination
CEDAW: Committee on the Elimination of All Forms of Discrimination
against Women
CAT: Committee Against Torture
CRC: Committee on the Rights of the Child
Article 2
CESCR General Comment no. 5 (Persons with disabilities), para. 3: There is
still no internationally accepted definition of the term "disability".
For present purposes, however, it is sufficient to rely on the approach adopted
in the Standard Rules of 1993, which state:
“The term ‘disability’ summarizes a great number of different
functional limitations occurring in any population ... People may be disabled
by physical, intellectual or sensory impairment, medical conditions or mental
illness. Such impairments, conditions or illnesses may be permanent or transitory
in nature”.
CESCR General Comment no. 5 (Persons with disabilities),
para. 4: In accordance
with the approach adopted in the Standard Rules, this General Comment uses
the term "persons with disabilities" rather than the older term "disabled
persons”. It has been suggested that the latter term might be misinterpreted
to imply that the ability of the individual to function as a person has been
disabled.
CESCR General Comment no. 5 (Persons with disabilities),
para. 15: …For
the purposes of the Covenant, "disability-based discrimination" may
be defined as including any distinction, exclusion, restriction or preference,
or denial of reasonable accommodation based on disability which has the effect
of nullifying or impairing the recognition, enjoyment or exercise of economic,
social or cultural rights.