Intro Non Discrimination Feb2011

8/6/2019 Intro Non Discrimination Feb2011

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Session designSession design

Objectives

Discuss how discrimination is considered within the

CRPD

Understanding some of the key notions suchreasonable accomodation

Structure:

Exercise

Input Group work

Duration: 1h30


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ExerciseExercise::

WhichWhich discriminations arediscriminations are theythey facingfacing??

1. Marianna, 5 years old, lives in a small village in the centerof Mindanao, and has a mobility and speech impairment dueto a cerebral palsy.

2. Georges,12 years old, lives in a rich neighborhood of

Makati and has an intellectual impairment 3. Arthuro, 33 year old, lives in a slum in the periphery of

Manila, and is deaf.

4. Tanya 32 years old, lives in a small town near Bacolod andis a wheelchair user due to paraplegia.

5. Carla, 60 years old, lives in a poor vilage in the North ofLuzon and is blind

For each person list the discrimination he/she is facing andwhat should be done to eliminate those discriminations


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CRPD. Article 4 general obligations

1. States Parties undertake to ensure and promote thefull realization of all human rights and fundamental

freedoms for all persons with disabilities withoutdiscrimination of any kind on the basis of disability.


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CRPD and non discriminationCRPD and non discrimination

article 5.2. States Parties shall

y prohibit all discrimination on the

basis of disabilityand

y guarantee to persons with disabilities

equal and effective legal protection againstdiscrimination on all grounds.


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Article 2 Discrimination dfinitionArticle 2 Discrimination dfinition

y Discrimination on the basis of disability means

y any distinction, exclusion or restriction on the basis of

disability which has

y

the purpose or effecty of impairing or nullifying the recognition, enjoyment or

exercise,

y on an equal basis with others,

y

of all human rights and fundamental freedoms in thepolitical, economic, social, cultural, civil or any other field.

y It includes all forms of discrimination, including denial of

reasonable accommodation


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For purpose

Distinction

Nullifying

Discriminination

Exclusion Restriction

For effect For purpose For effectFor purpose For effect

Recognition

Impairing Nullifying Impairing

Enjoyment Exercise Recognition Enjoyment Exercise


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Discrimination on all groundsDiscrimination on all grounds

Article 5 CRPD

2. States Parties shall

y prohibit all discrimination on the basis of

disability

and

y guarantee to persons with

disabilities equal and effective legalprotection against discrimination on

all grounds.


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Discrimination on all grounds (2)Discrimination on all grounds (2)

y It includes

Race, ethnicity

Gender

Religion Sexual orientation

y Important to take into account multiple

discrimination

y Some groups of persons with disabilities might

be more discriminated than others


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On an equal basis with others..On an equal basis with others..

y When a whole population is facing human rights

restrictions, persons with disabilities should not be more

deprived than others

y When a whole group is discriminated such as indigenous

people, women, people living in neglected areas, persons

with disabilities face multiple discriminations

If an indigenous people village is deprived from State

support for having a school, children with disabilities are

discriminated first as indigenous persons.

If those kids are excluded from other regular activities of

their communities they are discriminated on the ground

of disability


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ReasonableReasonable accommodationaccommodation

Article 5 CRPD

3. In order to promote equality and eliminate

discrimination,

y States Parties shall take all appropriate steps

y to ensure that reasonable accommodation is

provided.


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ReasonableReasonable accommodation (2)accommodation (2)

Article 2 CRPD

y Reasonable accommodation means:

necessary and appropriate modification and

adjustments

not imposing a disproportionate or undue

burden,

where needed in a particular case, to ensure to persons with disabilities the

enjoyment or exercise on an equal basis with

others of all human rights and fundamental

freedoms


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ReasonableReasonable accommodation (3)accommodation (3)

y Reasonable accommodation is related to each

individual and particular situation:

y It includes: adaption of working schedule, physical

environment...

y General accessibility is systemic and for all persons

y For instance to allow one child with physical mobility to

attend school, even if the school cannot be made all

accessible at once, reasonable accommodation can be

provided to that child by bringing to the ground floorthe class he is supposed to attend and putting a simple

ramp to access


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De factoDe facto equalityequality andand specificspecific

measuresmeasuresArticle 5 CRPD

4. Specific measures which are necessary

y to accelerate or achieve de facto equality ofpersons with disabilities

y shall not be considered discrimination under

the terms of the present Convention.


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De factoDe facto equalityequality andand specificspecific measuresmeasures

y Even when some barriers are eliminated, prejudice

and barriers related to past barriers (e.g lack of

access to education and vocational training)

specific measures such as quota for employmentare needed to bring de facto equality

y Those measures have of course to be consistent

with the CRPD (e.g reserving some specific type

of jobs while it creates an opportunity that can begood for basic livelihood prevents equality of

choice and opportunity for professional

development)


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Questions (toQuestions (to bebe discusseddiscussed in group)in group)

y How people think of discrimination in your

country? Are you aware of any court case on

discrimination of persons with disabilities?

y Are persons with disabilities protected fromdiscrimination in all areas of life?

y Does protection from discrimination cover the

denial of reasonable accommodation?

y Does protection from discrimination cover

discrimination by individuals, enterprises and other

private organizations?


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Questions (toQuestions (to bebe discusseddiscussed in group)in group)

y Are there sanctions for those that are found

to discriminate?

y Can NGOs act on behalf of persons with

disabilities that claim to have been victims of

disability-based discrimination?

y If the State has adopted positive action

measures benefitting persons with disabilities,are these measures consistent with the

CRPD?

Intro Non Discrimination Feb2011

Documents

Transcript of Intro Non Discrimination Feb2011