206. The CIADDIS defines the term “disability” as “a physical, mental or sensory
impairment, whether permanent or temporary, that limits the capacity to perform one or more
essential activities of daily life, and which can be caused or aggravated by the economic and
social environment.”305 For its part, the CRPD establishes that persons with disabilities “include
those who have long-term physical, mental, intellectual or sensory impairments which, in
interaction with various barriers, may hinder their full and effective participation in society on
an equal basis with others.”306
207. In this regard, the Court notes that the aforementioned Conventions take into account
the social model to address disability, which implies that disability is not exclusively defined
by the presence of a physical, mental, intellectual or sensory impairment, but is interrelated
with the barriers and limitations that exist socially and prevent persons from exercising their
rights effectively.307 The types of limitations or barriers commonly encountered by people with
disabilities in society are, among others,308 physical or architectural barriers, 309
communication,310 attitudinal311 or socioeconomic barriers.312
208. In compliance with the State’s special duties of protection toward any person in a
vulnerable situation, 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
that individual’s personal situation or his specific circumstances, such as disability.313 In this
sense, States have the obligation to promote the inclusion of persons with disabilities through
Article I of the Inter-American Convention on the Elimination of All Forms of Discrimination against Persons
with Disabilities.
305
306
Article 1 of the CRPD.
Cf. Case of Furlan and Family v. Argentina, supra, para. 133, and Case of Gonzales Lluy et al. v. Ecuador,
supra, para. 237.
307
Cf. Case of Furlan and Family v. Argentina, supra, para. 133. See also: Committee on the Rights of the Child,
General Comment No. 9, the Rights of Children with Disabilities, CRC/C/GC/9, 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”).
308
Cf. Case of Furlan and Family v. Argentina, supra, para. 133. See also: Committee on the Rights of the Child,
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”).
309
Cf. Case of Furlan and Family v. Argentina, supra, para. 133. See also: Committee on the Rights of the
Child, 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”).
310
Cf. Case of Furlan and Family v. Argentina, supra, para. 133, and Case of Artavia Murillo et al. (In vitro
Fertilization) v. Costa Rica, supra, para. 291. See also: U.N. General Assembly, Standard Rules on the Equalization
of Opportunities for Persons with Disabilities, GA/RES/48/96, March 4, 1994, Forty-eighth Session, para. 3: “In the
disability field, 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.”
311
Cf. Case of Ximenes Lopes v. Brazil, supra, para. 104, and Case Artavia Murillo et al. (In vitro Fertilization)
v. Costa Rica, supra, para. 291. See also: Article III.2 of the Inter-American Convention for 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), 12 September 1994, para. 9.
312
Cf. Case of Ximenes Lópes v. Brazil, supra, para. 103, and Case Artavia Murillo et al. (In vitro Fertilization)
v. Costa Rica, supra, para. 292.
313
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