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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