Members’ section
Personal identifiers
Home >> News >> Equinet >> Equinet sends written submission to upcoming General Comment on Article 5 (...)

Equinet sends written submission to upcoming General Comment on Article 5 CRPD

August 8th 2017

In 2017, the UN Committee on the Rights of Persons with Disabilities started the drafting process of the General Comment on the article 5 of the Convention (Equality and Non-Discrimination). Equinet contributed by preparing a written submission to the outline of the General Comment.

What is the UNCRPD?

The 2006 UN Convention on the Rights of Persons with Disabilities and its Optional Protocol are the key international instruments protecting the human rights of persons with disabilities. The UN Treaty Body set up to monitor the implementation of the CRPD is the Committee on the Rights of Persons with Disabilities, which publishes on a regular basis General Comments in order and provide guidance on the interpretation of specific articles of the Convention.

32 Equinet members have a mandate to address discrimination on the ground of discrimination. Among them, 15 are designated as independent monitoring mechanisms under the article 33(2) of the UNCRPD.

The next General Comment of the Committee will address the article 5 of the Convention on Equality and Non-Discrimination. Given the importance of this article for equality bodies, Equinet sent a written submission feeding into the proposed outline of the General Comment.

Equinet’s recommendations

The submission puts forward 7 recommendations. They are based on Equinet’s work in the areas of disability, equal treatment legislation and Standards for equality bodies.

1. EU and State Parties to the UN CRPD should adopt legislation prohibiting discrimination outside employment.

2. EU and State Parties to the UN CRPD should adopt legislation explicitly regulating multiple and intersectional discrimination.

3. Lack of reasonable accommodation should be recognized as a form of discrimination in national and European legislation.

4. Where regional or national legislation sets forward a rule of a shifting burden of proof, this should include reasonable accommodation cases.

5. EU and State Parties should ensure that independent monitoring mechanisms designated under article 33 have a broad mandate, sufficient independence, human and financial resources and an appropriate institutional architecture.

6. State Parties should ensure low threshold complaint mechanisms at national level, and that these bodies should be able to impose sanctions, including compensation, or take cases of discrimination before the courts.

7. EU and State Parties should use their key role, not only as decision makers and duty bearers, but as employers, to implement, monitor and further develop positive action measures.

For more information

The list of written submissions on Article 5 is available here.

The list includes submissions from: