117. In the universal system the Convention on the Rights of Persons with Disabilities (hereinafter CRPD) came into force on May 3, 2008. It establishes the following guiding principles: (i) respect for the inherent dignity, individual autonomy (including the freedom to make one’s own decisions) 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 the human condition; (v) equal opportunity; (vi) accessibility; (vii) equality between men and women; and (viii) respect for the evolution of the faculties of children with disabilities and their right to preserve their identity. The Commission takes note that Ecuador ratified this Convention on April 3, 2008. 237 118. The IACHR notes that the CRPD implied a fundamental change in paradigm for adequately understanding the rights of persons with disabilities in terms of understanding them as subjects of rights and not as objects of protection. In addition, it is of crucial relevance as it adopts a social approach for addressing disability. This implies that disability is not defined exclusively by the presence of a physical, mental, intellectual, or sensorial deficit, but that it is interconnected with the social barriers or limitations that exist for persons to be able to effectively exercise their rights. 238 The types of limits or barriers that persons with functional diversity in society commonly encounter are, among others, physical or architectural barriers, barriers related to communication and attitudes, and socioeconomic barriers. 239 119. Finally, as regards the principle of equality and non-discrimination, the inter-American system not only picks up on a formal notion of equality, limited to demanding objective and reasonable criteria for distinction, and, therefore, to prohibiting unreasonable, arbitrary or capricious differences in treatment, but it puts forth a concept or material or structural equality that is based on recognizing that certain sectors of the population require the adoption of affirmative measures to promote greater equality. This implies the need for differential treatment when, due to the circumstances that affect a disadvantaged group, equal treatment would entail suspending or limiting access to a service or good, or the exercise of a right. 240 Similarly, being in mind the situation of poverty affecting Mr. Guachalá and his family, the IACHR recalls that having a disability increases the likelihood of being in a situation of poverty, since the discrimination that stems from living with this condition may entail social exclusion, marginalization, the lack of education, and unemployment. 241 120. In this way, the organs of the inter-American system have emphasized the duty of the states to adopt measures to ensure real equality among persons and to fight the historical or de facto discrimination against a variety of social groups. The Commission has noted that implementing affirmative measures is needed to ensure the exercise of the rights of persons associated with groups that suffer structural inequalities or have been victims of historical processes of exclusion 242, such as persons with a mental disability. Along these lines, the Court has established that the states are obligated to adopt affirmative measures to turn back or change discriminatory situations that exist in their societies to the detriment of a given group of persons. This implies the special duty of protection that the state should exercise with respect to the actions and practices of third persons which, with its tolerance or acquiescence, they believe, maintain or favor discriminatory situations. 243 121. The Commission highlights the importance of the CRPD as a specific instrument that contributes to adequate and broader interpretation of the American Convention in cases of persons with See: https://treaties.un.org/Pages/ViewDetails.aspx?src=TREATY&mtdsg_no=IV-15&chapter=4&clang=_en Convention on the Rights of Persons with Disabilities. Article 1. 239 I/A Court HR. Case of Furlan and family v. Argentina. Preliminary Objections, Merits, Reparations and Costs. Judgment of August 31, 2012. Series C No. 246, para. 133. 240 IACHR. Report on Poverty and Human Rights in the Americas, September 7, 2017, para. 160 241 IACHR. Report on Poverty and Human Rights in the Americas. September 7, 2017, para. 432 242 IACHR, Access to Justice for Women Victims of Violence in the Americas, January 20, 2007, paras. 100 and 101. IACHR. Considerations regarding the compatibility of affirmative action measures designed to promote the political participation of women with the principles of equality and non-discrimination, Annual Report, 1999, April 13, 2000, Chapter VI. 243 I/A Court HR. Juridical Condition and Rights of Undocumented Migrants. Advisory Opinion OC-18/03 of September 17, 2003. Series A No. 18, para. 104. 237 238 20