269
functional diversity in society are, among others,
physical or architectural
271
272
273
barriers, communication,
attitudinal
or socioeconomic
barriers.
270
types of
134. In this regard, the Inter-American Court reiterates that any person who is in a
vulnerable situation is entitled to special protection, based on the special duties that the
State must comply with to satisfy the general obligation to respect and ensure human
rights. The Court calls to mind that it is not sufficient for States to refrain from violating
rights, and that it is imperative to adopt affirmative measures to be determined according to
the particular protection needs of the subject of rights, whether on account of his personal
274
275
situation or his specific circumstances,
such as disability.
Moreover, States have the
obligation to promote the inclusion of persons with disabilities through equality of
276
conditions, opportunities and participation in all spheres of society
to ensure that the
limitations described above are removed. Consequently, it is necessary for States to
promote social inclusion practices and adopt affirmative measures to remove such
277
barriers.
135. The Court also considers that people with disabilities are often subject to
discrimination because of their condition; therefore, States must adopt the appropriate
legislative, social,278 educational,279 employment280 or other measures necessary to prevent
269
Cf. Committee on the Rights of the Child, General Comment No. 9, The rights of children with disabilities,
CRC/C/GC/9, 27 of February 27, 2007, para. 5 (“The Committee emphasizes that the barrier is not the disability
itself but rather a combination of social, cultural, attitudinal and physical obstacles which children with disabilities
encounter in their daily lives.”).
270
General Comment No. 9, para. 39. “The physical inaccessibility of public transportation and other facilities,
including governmental buildings, shopping areas, recreational facilities among others, is a major factor in the
marginalization and exclusion of children with disabilities and markedly compromises their access to services,
including health and education.”
271
General Comment No. 9, para. 37 “Access to information and means of communication, including
information and communication technologies and systems, enables children with disabilities to live independently
and participate fully in all aspects of life.”
272
UN General Assembly, Standard Rules on the Equalization of Opportunities for Persons with Disabilities,
0A/RES/48/96, March 4, 1994, 85th plenary meeting, para. 3. “In the disability field, however, there are also many
specific circumstances that have influenced the living conditions of persons with disabilities. Ignorance, neglect,
superstition and fear are social factors that throughout the history of disability have isolated persons with
disabilities and delayed their development.”
273
Cf. Case of Ximenes Lopes v. Brazil. Merits, Reparations and Costs. Judgment of July 4, 2006. Series C
No. 149, para. 104. Cf. also Article III.2 of the Inter-American Convention on the Elimination of all Forms of
Discrimination against Persons with Disabilities, and Committee on Economic, Social and Cultural Rights, General
Comment No. 5, “Persons with Disabilities.” U.N. Doc. E/C.12/1994/13 (1994), September 12, 1994, para. 9.
274
Cf. Case of the “Massacre of Mapiripán” v. Colombia. Merits, Reparations and Costs. Judgment of
September 15, 2005. Series C No. 134, paras. 111 and 113, and Case of the Kichwa Indigenous People of
Sarayaku v. Ecuador. Merits and Reparations. Judgment of June 27, 2012. Series C No. 245, para. 244.
275
Cf. Case of Ximenes López v. Brazil, para. 103.
276
Cf. UN General Assembly Standard Rules on the Equalization of Opportunities for Persons with Disabilities
277
Committee on Economic Social and Cultural Rights, General Comment No. 5, para. 13.
278
By way of an example, it emphasizes that “under the general principles of international human rights law,”
persons with disabilities have the right “to marry and have their own family. These rights are frequently ignored or
denied, especially in the case of persons with mental disabilities.” Committee on Economic Social and Cultural
Rights, General Comment No. 5, “Persons with Disabilities.” United Nations, Document E/1995/22 (1994), para.
30. Similarly, Rule 9(2) of the Standard Rules on the Equalization of Opportunities for Persons with Disabilities
establishes that: “persons with disabilities must not be denied the opportunity to experience their sexuality, have
sexual relationships and experience parenthood. Taking into account that persons with disabilities may experience
46
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