Defining Disability

The Convention does not explicitly define disability. However, elements of its preamble and article 1 provide guidance to clarify the Convention’s application.

• “Disability” - The preamble recognizes that “disability is an evolving concept and that disability results from the interaction between persons with impairments and attitudinal and environmental barriers that hinders their full and effective participation in society on an equal basis with others”.
• “Persons with disabilities” - Article 1 states that “Persons with disabilities include those who have long-term physical, mental, intellectual or sensory impairments which in interaction with various barriers may hinder their full and effective participation in society on an equal basis with others”.

Several elements of these provisions need to be highlighted.

First, there is international recognition that “disability” is an evolving concept. This means that the notion of “disability” is not fixed and that it can vary, depending on the prevailing environment, from society to society.

Second, disability is not considered as a medical condition, but rather as a result of the interaction between negative attitudes or an unwelcoming environment as regards the condition of particular persons. By breaking down and removing attitudinal and environmental barriers - as opposed to treating persons with disabilities as problems to be fixed - those persons can participate as active members in society and enjoy the full range of their rights.

Third, the Convention does not restrict coverage to particular persons; it rather identifies persons with long-term physical, mental, intellectual and sensory disabilities as beneficiaries under the Convention. The reference to “includes” assures that this need not restrict the application of the Convention – that the Convention provides a “floor” and not a “ceiling” for determining who is included - and states that parties could also ensure protection to others, for example persons with short-term disabilities or who are perceived to be part of such groups.[1]