Specific Rights set out in the CRPD

The body of the Convention sets out the standards – the rights and obligations – relating to persons with disabilities. While the Convention does not aim to establish new rights for persons with disabilities, it applies existing rights as appropriate to persons with disabilities and outlines the specific responsibilities of Governments and other actors in relation to those rights.

Human Rights defined in the CRPD

Human Rights defined in the Convention are as follows:

Article 5 – Equality before the law and non-discrimination

Article 10 – Right to life, liberty and security of the person

Article 12 – Equal recognition before the law and legal capacity

Article 13 – Right of access to justice on an equal basis with others

Article 14 – Liberty and security of the person

Article 15 – Freedom from torture or cruel, inhuman or degrading treatment or punishment

Article 16 – Freedom from exploitation, violence and abuse

Article 17 – Protecting the integrity of the person

Article 18 – Liberty of movement and nationality

Article 19 – Living independently and being included in the community

Article 21 – Freedom of expression and opinion, and access to information

Article 22 – Respect for privacy

Article 23 – Respect for home and the family

Article 24 – Right to education

Article 25 – Right to health

Article 27 – Right to work and employment

Article 28 – Right to an adequate standard of living and social protection

Article 29 – Right to participate in political and public life

Article 30 – Right to participate in cultural life, recreation, leisure and sport.

While all human rights are indivisible, interdependent and interrelated, certain provisions are fundamentally cross-cutting and have a broad impact on all other articles. Sometimes referred to as articles of general application, these articles are therefore placed at the beginning of the Convention to reinforce their importance. Article 3, General principles, and Article 4, General Obligations, both discussed above, clearly fall into this category. Additional CRPD articles of general application include:

  • Article 5, which sets out the fundamentally important obligation of equality and non-discrimination that applies with respect to all civil, political, economic, social and cultural rights.
  • Articles 6 and 7 on women and children with disabilities respectively, which relate to members of the disability community who may experience multidimensional discrimination based on disability, gender or age. The CRPD is to be understood and interpreted in keeping with the concept of gender equality and age equality.
  • Article 8 on awareness raising, which underscores the important role that stigma and stereotypes can play in marginalizing persons with disabilities, ultimately creating the conditions in which discrimination can flourish. Accordingly, Article 8 requires State parties to undertake measures to combat harmful stereotyping through various means of awareness raising and training, among others.
  • Article 9, which outlines the concept of accessibility, applicable in relation to physical environments as well as information and communication and requires State parties to undertake measures to enhance access in all spheres.

The Convention also articulates the responsibility of States to take action to create the appropriate enabling environments to ensure that persons with disabilities can fully enjoy their human rights on an equal basis with others. Relevant CRPD articles include:

  • Article 9 on accessibility, which is a fundamental prerequisite for the ability of persons with disabilities to live independently and fully participate in society and development.
  • Article 11 on situations of risk and humanitarian emergencies, which requires State parties to take action to ensure that persons with disabilities are protected in situations of risk and humanitarian emergencies.
  • Article 13 on access to Justice, which is both a fundamental right and also essential for protecting all other economic, social, cultural, civil and political rights of persons with disabilities.
  • Article 20 on personal mobility, which requires State parties to take measures to ensure mobility to promote independence for persons with disabilities, which impacts on the ability to participate in all aspects of society and development.
  • Article 26 on habilitation and rehabilitation, which are required for persons with disabilities to enable maximum independence and ability.

See Learning Activity 2.D. titled The CRPD in Practice.