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Module 9. The Human Rights of Children with Disabilities
The Duty to Respect, Protect, and Fulfil Obligations in Respect of All Persons with Disabilities
The Duty to Respect, Protect, and Fulfil Obligations in Respect of All Persons with Disabilities

Taken as a whole, States’ obligations with regard to ensuring equality and nondiscrimination for persons with disabilities who experience discrimination on account of disability and some other status (such as gender, ethnicity, and poverty), include:

  1. Obligation to respect:

    States must refrain from engaging in any act, custom, or practice that is inconsistent with the principles of equality and nondiscrimination.

    Example: The State may not adopt or maintain laws that discriminate against persons with disabilities on account of their gender, such as allowing sterilization of women with disabilities without informed consent.

  2. Obligation to protect:

    States must take all appropriate measures to eliminate discrimination and violations of equality by any non-State actors (such as persons, organizations, or private enterprises) in respect of persons with disabilities who are at risk of multiple forms of discrimination.

    Example: The State must ensure that microfinance programs do not exclude persons with disabilities living in poverty from participation in microfinance schemes.

  3. Obligation to fulfil:

    States must be proactive in their adoption and implementation of measures to give effect to the principles of equality and non-discrimination in respect of persons with disabilities who are at risk of multiple forms of discrimination.

    Example: The State introduces an affirmative action program to encourage greater participation of women with disabilities in public service.

In sum, human rights law strongly supports the right to equality and nondiscrimination for persons with disabilities who experience discrimination on account of disability and some other status (such as gender, ethnicity, and poverty).

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