the Rights and Duties of Man.299 The Additional Protocol to the American Convention on Human Rights in the Area of Economic, Social and Cultural Rights ("Protocol of San Salvador"), in Article 18, states that “Everyone affected by a diminution of his physical or mental capacities is entitled to receive special attention designed to help him achieve the greatest possible development of his personality.” 300 204. The Inter-American Convention on the Elimination of all Forms of Discrimination against Persons with Disabilities (hereinafter “CIADDIS”) is the first international human rights instrument that specifically focuses on persons with disabilities and represents an invaluable commitment by the American States to guarantee their enjoyment of the same rights enjoyed by others. In the Preamble, the States Parties reaffirm that “persons with disabilities have the same human rights and fundamental freedoms as other persons; and that these rights, which include freedom from discrimination based on disability, flow from the inherent dignity and equality of each person.” The Convention also establishes a series of obligations that States must fulfill with the aim of “eliminating all forms of discrimination against persons with disabilities and promoting their full integration into society.”301 Guatemala ratified this Convention on August 8, 2002.302 More recently, the OAS General Assembly approved the “Declaration on the Decade of the Americas for the Rights and Dignity of Persons with Disabilities (2006-2016).”303 205. Furthermore, on May 3, 2008, the Convention on the Rights of Persons with Disabilities (hereinafter “CRPD”) entered into force in the universal system, with the following guiding principles: 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 respect for their right to preserve their identities. Guatemala ratified this Convention on April 7, 2009.304 Article XVI of the American Declaration on the Rights and Duties of Man establishes: Every person has the right to social security which will protect him from the consequences of unemployment, old age, and any disabilities arising from causes beyond his control that make it physically or mentally impossible for him to earn a living. 299 Article 18 (Protection of the Handicapped) of the Additional Protocol to the American Convention on Human Rights in the Area of Economic, Social and Cultural Rights, “Protocol of San Salvador”, establishes: Everyone affected by a diminution of his physical or mental capacities is entitled to receive special attention designed to help him achieve the greatest possible development of his personality. The States Parties agree to adopt such measures as may be necessary for this purpose and, especially, to: a. Undertake programs specifically aimed at providing the handicapped with the resources and environment needed for attaining this goal, including work programs consistent with their possibilities and freely accepted by them or their legal representatives, as the case may be; b. provide special training to the families of the handicapped in order to help them solve the problems of coexistence and convert them into active agents in the physical, mental and emotional development of the latter; c. include the consideration of solutions to specific requirements arising from needs of this group as a priority component of their urban development plans; and d. encourage the establishment of social groups in which the handicapped can be helped to enjoy a fuller life. 300 301 Cf. Case of Furlan and Family v. Argentina, supra, para. 130. Information available on the web page of the Department of International Law of the Organization of American States, at the link: http://www.oas.org/juridico/spanish/firmas/a-65.html. 302 Declaration on the Decade of the Americas for the Rights and Dignity of Persons with Disabilities (20062016) adopted at the fourth plenary session, held on June 6, 2006, in Santo Domingo, Dominican Republic, with the theme: “Equality, Dignity and Participation”, AG/DEC. 50 (XXXVI-O/06), with the objectives of achieving the recognition and the full exercise of the rights and dignity of persons with disabilities and their right to participate fully in the economic, social, cultural and political life and development of their societies, without discrimination and on an equal footing with others. 303 Information available the United Nations web page at: http://treaties.un.org/Pages/ViewDetails.aspx?src=TREATY&mtdsg_no=IV-15&chapter=4&lang=en. 304 64

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