Year: 2024
Equality before the law is a basic general principle of human rights protection and is indispensable for the exercise of other human rights. The Universal Declaration of Human Rights (UDHR) and the International Covenant on Civil and Political Rights (ICCPR) specifically guarantee the right to equality before the law. Article 12 of the Convention on the Rights of Persons with Disabilities (CRPD) further describes the content of this civil right and focuses on the areas in which people with disabilities have traditionally been denied the right. Article 12 does not set out additional rights for people with disabilities; it simply describes the specific elements that States parties are required to take into account to ensure the right to equality before the law for people with disabilities, on an equal basis with others.
The aim of the present general comment is to provide further guidance and explore the general obligations deriving from the various components of article 12. This general comment reflects an interpretation of article 12 which is premised on the general principles of the CRPD convention, as outlined in article 3, namely, respect for the inherent dignity, individual autonomy — including the freedom to make one’s own choices —, and independence of persons; non-discrimination; full and effective participation and inclusion in society; respect for difference and acceptance of persons with disabilities as part of human diversity and humanity; equality of opportunity; accessibility; equality between men and women; and respect for the evolving capacities of children with disabilities and respect for the right of children with disabilities to preserve their identities.
This General Comment has been translated into Kurdish language in 2024, within the project of (Justice Resilience Initiative), the project is implemented by the Kurdistan Center for International Law (KCIL) and funded by the Institut für Auslandsbeziehungen (IFA) via German Federal Foreign Office.