all discrimination associated with mental disabilities, and to promote the full integration of
such persons into society.281 Appropriate access to justice plays a fundamental role to
address these types of discrimination.282
136. Regarding the strengthened obligations of States in relation to children with
283
disabilities, the CRPD established that:
i) “States Parties shall take all necessary
measures to ensure the full enjoyment by children with disabilities of all human rights and
fundamental freedoms on an equal basis with other children”; ii) “in all actions concerning
children with disabilities, the best interests of the child shall be a primary consideration”;
and iii) “that children with disabilities h[ave] the right to express their views freely on all
matters affecting them, their views being given due weight in accordance with their age and
maturity, on an equal basis with other children, and to be provided with disability and ageappropriate assistance to realize that right.” Meanwhile, General Comment No. 9 states that
“the leading principle for the implementation of the Convention with respect to children with
disabilities [is] the enjoyment of a full and decent life in conditions that ensure dignity,
284
promote self-reliance and facilitate active participation in the community.”
137. Likewise, the CRPD contains a specific article on the scope of the right to access to
justice and the obligations that States must assume regarding people with disabilities. In
particular, it establishes that285: i) States Parties shall ensure effective access to justice for
difficulties in getting married and setting up a family, States should encourage the availability of appropriate
counseling.”
279
In this regard, it is worth noting that “children with disabilities have the same right to education as all
other children and shall enjoy this right without discrimination on the basis of equal opportunity, as stipulated in
the Convention.” Furthermore, “inclusive education should be the goal of educating children with disabilities. The
manner and form of inclusion must be dictated by the individual educational needs of the child, since the education
of some children with disabilities requires a kind of support which may not be readily available in the regular school
system.” General Comment No. 9, paras. 62 and 66. Also, “the principle of equal primary, secondary and tertiary
educational opportunities for children, youth and adults with disabilities [imply that they must take place] in
integrated settings.” Art. 6, the Standard Rules on Equalization of Opportunities.
280
In this regard, “the integration of persons with disabilities into the regular labour market should be
actively supported by States.” Committee on Economic Social and Cultural Rights, General Comment No. 5,
“Persons with Disabilities.” United Nations, Document E/1995/22 (1994), para. 20. Similarly, “in both rural and
urban areas they must have equal opportunities for productive and gainful employment in the labour market.”
General Assembly of the UN, Standard Rules on the Equalization of Opportunities for Persons with Disabilities,
0A/RES/48/96, March 4, 1994, Forty-eighth session, Rule 7. See also: ILO Convention No. 159 (1983) on
Vocational Rehabilitation and Employment (Disabled Persons), Recommendation No. 99 (1955) concerning the
vocational rehabilitation of disabled persons, and Recommendation No. 168 (1983) on employment of disabled
persons.
281
Cf. Caso Ximenes Lópes Vs. Brazil, para. 105. See also Article I.2.of the American Convention on the
Elimination of All Forms of Discrimination against Persons with Disabilities, which states: The term "discrimination
against persons with disabilities" means any distinction, exclusion, or restriction based on a disability, record of
disability, condition resulting from a previous disability, or perception of disability, whether present or past, which
has the effect or objective of impairing or nullifying the recognition, enjoyment, or exercise by a person with a
disability of his or her human rights and fundamental freedoms.” Similarly, Article 2(1) of the Convention on the
Rights of the Child states: States Parties shall respect and ensure the rights set forth in the present Convention to
each child within their jurisdiction without discrimination of any kind, irrespective of the child’s or his or her
parent’s or legal guardian’s […] disability, […] or any other status.
282
Article 13 of the Convention on the Rights of Persons with Disabilities specifies various points regarding
access to justice for persons with disabilities.
283
Article 7 of the Convention on the Rights of Persons with Disabilities.
284
Committee on the Rights of the Child, General Comment No. 9, para. 11.
285
Cf. Article 13 of the CRPD.
47
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