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
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