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General Principles of the CRPD
The general principles of the CRPD, set out in Article 3, provide guidance for understanding and interpreting the human rights provisions in the CRPD.
CRPD Article 3: General Principles
Article 3 sets forth the following general principles of the Convention:
- Respect for 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 differences and acceptance of persons with disabilities as part of human diversity and humanity.
- Equality of opportunity.
- Accessibility.
- Equality between men and women.
- Respect for the evolving capacities of children with disabilities and respect for the right of children with disabilities to preserve their identities.
State Parties are obliged to take into account the general principles of the CRPD in the development of national laws, policies, and practices that affect persons with disabilities. The general principles must also be applied in the interpretation of the human rights set out in the CRPD as well as in the monitoring and implementation of CRPD measures.
The following examples illustrate how the general principles should be applied in interpreting the CRPD’s provisions:
International cooperation and disability inclusive development: The right of persons with disabilities to benefit from international cooperation as both participants and beneficiaries means that they must be included in development decision-making, reflecting the principles of participation and inclusion.
Community living and the principle of dignity, autonomy and choice: The right of persons with disabilities to live in the community means that housing options must reflect principles of dignity, respect, and choice, and facilitate the autonomy of persons with disabilities to live where and with whom they choose.
Access to justice and the principle of non-discrimination: State parties to the CRPD are required to undertake measures to ensure that persons with disabilities may effectively access justice systems. A failure to provide reasonable accommodation to ensure that persons with disabilities can participate in court proceedings as parties to a dispute, as witnesses, as jurors or as lawyers contravenes the principle of non- discrimination.
Education and the principle of equality of opportunity: The right of persons with disabilities to education requires that students with disabilities have equality of opportunity in accessing all levels of education.
Political participation and the principle of accessibility: persons with disabilities have the right to participate in political and public life. Measures to ensure that persons with disabilities are able to exercise their right to vote or participate in political processes must comply with the principle of accessibility.
Linguistic identity and the principle of respect for difference: the right of persons with disabilities to participate in the cultural life of their community includes the right to linguistic identity. Policies to protect the right of deaf persons to use sign language, including the adoption of sign language as a national or official language, reflect the principle of respect for differences in the context of linguistic rights.
National level monitoring and the principle of participation and inclusion: the CRPD requires State parties to undertake measures to put in place monitoring at national level.
Including persons with disabilities and their representative organizations in national-level monitoring of CRPD implementation and ensuring that their voices are heard in discussions on development of the periodic report for submission to the CRPD Committee reflects respect for the principle of participation and inclusion.
Employment and equality between men and women: the right of persons with disabilities to employment requires State parties to undertake measures that will ensure that both women and men with disabilities have equal access to employment opportunities and that discriminatory laws on the basis of sex are repealed.
Decision-making and respect for the evolving capacity of the child: The CRPD recognizes that children with disabilities are entitled to have their views heard, as are all children. This right respects the evolving capacity of children with disabilities.