dignity and equality of each person.” In addition, this Convention established a list of
obligations that States must comply with in order to achieve “the prevention and elimination
of all forms of discrimination against persons with disabilities and to promote their full
262
integration into society.”
This Convention was ratified by Argentina on January 10,
263
2001 . Recently, the OAS General Assembly approved the “Declaration on the Decade of
264
the Americas for the Rights and Dignity of Persons with Disabilities (2006-2016).”
131. Moreover, in the universal system the Convention on the Rights of Persons with
Disabilities (hereinafter “CRPD”) entered into effect on May 3, 2008, establishing the
265
following guiding principles on this matter:
i) respect for inherent dignity, individual
autonomy including the freedom to make one’s own choices, and independence of persons;
ii) non-discrimination; iii) full and effective participation and inclusion in society; iv) respect
for difference and acceptance of persons with disabilities as part of human diversity and
humanity; v) equality of opportunity; vi) accessibility; vii) equality between men and
women; and viii) respect for the evolving capacities of children with disabilities and the right
of children with disabilities to preserve their identity. Argentina ratified this Convention on
September 2, 2008266.
132. CIADDIS defines the term “disability” as “physical, mental, or sensory impairment,
whether permanent or temporary, that limits the capacity to perform one or more essential
activities of daily life, and which can be caused or aggravated by the economic and social
267
environment,”
whilst the CRPD established that persons with disabilities “include those
who have long-term physical, mental, intellectual or sensory impairments which in
interaction with various barriers may hinder their full and effective participation in society
268
on an equal basis with others.”
133. In this regard, the Court notes that in the aforementioned Conventions the social
model for disability is taken into account, which implies that disability is not only defined by
the presence of a physical, mental, intellectual or sensory impairment, but is interrelated
with the barriers or limitations that exist socially for persons to exercise their rights
effectively. The types of limitations or barriers commonly encountered by people with
262
Article 2 of the Convention on the Elimination of All Forms of Discrimination Against Persons with
Disabilities.
263
Information available on the Web site of the Department of International Law of the Organization of
American States at the following link: http://www.oas.org/juridico/spanish/firmas/a-65.html, consulted for the last
time on August 31, 2012. See also, Merits file, volume II, page 225.
264
AG/DEC. 50 (XXXVI-O/06) Adopted at the fourth plenary session held on June 6, 2006. This resolution
was adopted under the motto: “Equality, Dignity, and Participation,” in order to achieve the recognition and full
exercise of the rights and dignity of persons with disabilities and their right to participate fully in economic, social,
cultural and political life and in the development of their societies, without discrimination and on an equal basis
with others.”
265
Article 3 of the Convention on the Rights of Persons with Disabilities
266
Information available on the United Nations web site at the link:
http://treaties.un.org/Pages/ViewDetails.aspx?src=TREATY&mtdsg_no=IV-15&chapter=4&lang=en, last consulted
on August 31, 2012. This Convention was approved through Law 26.378, which was ratified on May 21, 2008 and
promulgated in June 6, 2008 (file of appendices to brief of pleadings and motions volume VII, page 3233).
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Article I of Inter-American Convention for the Elimination of All Forms of Discrimination Against Persons
with Disabilities.
268
Article I of the CPDP
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