CRPD

Question 1

How does the CRPD mark a shift in the understanding of disability?

Answer 1

Disability is a social construct and that it is the barriers within society that caused exclusion rather then personal impairments, but it also looks at and recognises the individual’s experience of disability that is unique to them. Marking a shift from medical and social model to a human rights model (inclusive equality).

Question 2

What are the different dimensions under inclusive equality (the human rights model)?

Answer 2

• redistribution: addrss socioeconomic disadvantages
• recognition: combat stigma etc., dignity and intersectionality
• participation: full recognition of humanity through inclusion in society
• accommodation: make space for difference

Question 3

What are the principles of CRPD? And where can they be found?

Answer 3

• respect for inherent, individual autonomy including the freedom to make one’s own choices, and independence of persons
• non-discriminations
• full and effective participation and inclusion in society
• respect for difference and acceptance of persons with disabilitites as part of human diversity and humanity
• equality of opportunity
• accessibility
• equality between men and women
• respect for the evolving capacitied of children with disabilities and respect for the right of children with disabilities to preserve their identities
• found in art. 3 of CRPD

Question 4

What are some gneral obligations states have under CRPD? And where can they be found?

Answer 4

• take disabled people into concideration in all policies and programs
• universal design
• all appropriate measures to eliminate discrimination on the basis of disability by any person, organization or private enterprise
• found in art. 4 of CRPD + more general obligations

Question 5

Where can you find the right to reasonable accommodation in CRPD? And what does it mean?

Answer 5

• a free-standing right in art. 5 (3): an obligation of immediate effect
• a definition given in art. 2 states that reasonable accommodation is ‘necessary and appropriate modification and adjustments’ that do not impose a ‘disproportionate or undue burden’ in order to ensure the enjoyment of equal rights

Question 6

What is the difference between reaonable accommodation and accessibility?

Answer 6

• accessibility is for groups of people, reasonable accommodation is an individual obligation
• accessibility is unconditioned, while as reasonable accommodation is conditioned (disproportionate or undue burden)
• reasonable accommodation is an immediate obligation while as accessibility is a progressive obligation
• reasonable accommodation is an ex nunc duty (from now), while as accessibility is an ex ante duty (before the event)

Question 7

What is the difference between reasonable accommodation and specific measures (before called special measures)?

Answer 7

Reasonable accommodation is a non-discrimination duty, while are specific measures imply a preferential treatment of persons with disabilities over others to address historic and/or systematic/systemic exclusion from the benefits of exercising rights (ex. a temporary measure for countering the low numbers of women with disabilities employed in the private sector). Specific measures are usually temporary, but can also be permanent.