Remarks on the outline of the draft General Comment on Article 5, written submission to the UN Committee on the Rights of Persons with Disabilities on Article 5 CRPD on Equality and Non-Discrimination
Research output: Contribution to conference › Paper › Academic
This submission seeks to contribute to the discussions that will take place during the CRPD Committee sessions in Geneva in August 2017 on the draft General Comment on Article 5. The remarks in this paper follow the structure of the outline of the draft General Comment, according to the Committee’s proposed headings and paragraph numbering (highlighted below in bold). Not all headings are addressed.
Summary of the content of the submission
The Committee should carefully distinguish between various forms of discrimination. The Committee should comprehensively define the various elements of Article 5 and Article 2 CRPD. In particular, this submission notes the confusion that often arises in practice regarding the reasonable accommodation duty, most notably its interaction with indirect discrimination and in the application of the disproportionate burden test.