The Duty to Respect, Protect, and Fulfil Obligations of Equality and Non-Discrimination

Taken as a whole, States’ obligations with regard to equality and non-discrimination 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 amends its electoral code containing a voting exclusion based on intellectual disability.

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.

   Example: The State takes measures to enforce a non-discrimination law against employers who discriminate against persons with disabilities in hiring and employment settings.

   Example: The State fines a bank that has a practice of restricting persons who are blind from opening bank accounts.

   Example: The State investigates reports of discriminatory treatment of passengers with disabilities on public transportation.

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.

   Example: The State provides incentives for employers to hire persons with disabilities by funding building modifications.